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Property damage · separate deadline

Is the filing deadline different for property damage?

Often yes — many states set a separate statute of limitations for property damage (like vehicle repair) than for bodily injury, and the property-damage deadline is sometimes longer. After a crash that hurts you and damages your car, one date may not cover both claims, so don't assume the injury deadline is the only one that matters.

Deadlines can be shorter than the standard table shows. Claims against a city, county, or state agency often require a formal notice in as little as 60 days to 1 year, and medical malpractice or wrongful death can run on their own clocks. When in doubt, treat your deadline as sooner than you think and confirm it with an attorney right away.

The short answer

In many states the deadline to sue over property damage — your vehicle, its contents, or other property — is separate from, and sometimes longer than, the deadline to sue over bodily injury. For example, California allows 3 years for property damage but 2 years for personal injury. That means after a single car accident you can have two different clocks running at once: one for your injuries and one for your car. The gap matters most when the injury deadline is shorter — people who focus only on the property claim can let the injury deadline slip. The safest approach is to treat the shorter of the two as your working deadline for the whole matter and confirm both with an attorney, because the split and the exact periods vary by state.

Quick answers to the most common follow-ups

Is property damage on a different clock? Frequently yes. Many states set a separate statute of limitations for property damage than for bodily injury, and it is sometimes longer.

Can one accident have two deadlines? Yes. A crash that injures you and damages your car can create two separate clocks — one for the injury claim, one for the property claim.

Which deadline should I rely on? Treat the shorter of the two as your working deadline for the whole matter so you don't accidentally let the injury claim expire.

Why does the gap matter? Because the injury deadline is often the shorter one — focusing on the car repair can cause someone to miss the more valuable injury claim.

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Personal injury filing deadline by state (2026)

Your state's standard deadline for a negligence-based personal injury claim. The exceptions below and the special rules on this page can change it.

StateDeadline to fileNote
Alabama2 years
Alaska2 years
Arizona2 years
Arkansas3 years
California2 years
Colorado2 years3 yrs for motor-vehicle accidents
Connecticut2 years
Delaware2 years
District of Columbia3 years
Florida2 yearschanged from 4 yrs in March 2023
Georgia2 years
Hawaii2 years
Idaho2 years
Illinois2 years
Indiana2 years
Iowa2 years
Kansas2 years
Kentucky1 year2 yrs for motor-vehicle accidents
Louisiana2 yearsextended from 1 yr, effective July 2024
Maine6 years
Maryland3 years
Massachusetts3 years
Michigan3 years
Minnesota2 years
Mississippi3 years
Missouri5 years
Montana3 years
Nebraska4 years
Nevada2 years
New Hampshire3 years
New Jersey2 years
New Mexico3 years
New York3 years
North Carolina3 years
North Dakota6 years
Ohio2 years
Oklahoma2 years
Oregon2 years
Pennsylvania2 years
Rhode Island3 years
South Carolina3 years
South Dakota3 years
Tennessee1 year
Texas2 years
Utah4 years
Vermont3 years
Virginia2 years
Washington3 years
West Virginia2 years
Wisconsin3 years
Wyoming4 years

Two claims, two clocks — how the split works

A single accident can create two legally distinct claims: one for bodily injury (your medical bills, pain, lost wages) and one for property damage (repairing or replacing your vehicle and its contents). Many states assign these different statutes of limitations. Where they differ, property damage is often the longer of the two — California, for instance, gives 3 years for property damage versus 2 years for personal injury.

The practical risk is the mismatch. It's common to settle the car-repair piece quickly with an insurer and assume the whole matter is handled — while the shorter injury clock keeps running in the background. By the time some people return to the injury claim, its deadline has passed, and that's usually the far more valuable claim.

Because the split and the exact periods vary by state, the safe rule is to identify both deadlines early and work to the shorter one. Check your state's personal injury deadline below, and confirm the property-damage period separately with an attorney or your state's code.

Property damage filing deadline by state (2026)

The deadline to sue for property damage (like your vehicle) is often different from — and in many states longer than — the personal-injury deadline. Below is the standard property-damage statute of limitations for each state, with its statute. For a car accident, your vehicle is personal property, so where a state splits real vs. personal property we show the personal-property (vehicle) deadline and note the difference.

StateProperty-damage deadlineStatuteNote
Alabama2 yearsAla. Code §6-2-38sources differ (2–6 yrs) — verify
Alaska2 yearsAlaska Stat. §09.10.0702 yrs personal property (vehicle); 6 yrs real property
Arizona2 yearsA.R.S. §12-542
Arkansas3 yearsA.C.A. §16-56-105
California3 yearsCal. Civ. Proc. §338(c)vs 2 yrs for injury
Colorado2 yearsC.R.S. §13-80-1023 yrs for motor-vehicle accidents
Connecticut2 yearsC.G.S. §52-584
Delaware2 years10 Del. C. §8107
District of Columbia3 yearsD.C. Code §12-301
Florida4 yearsFla. Stat. §95.11(3)4 yrs property; injury cut to 2 yrs in 2023
Georgia4 yearsO.C.G.A. §9-3-314 yrs property vs 2 yrs injury
Hawaii2 yearsHaw. Rev. Stat. §657-7
Idaho3 yearsIdaho Code §5-218
Illinois5 years735 ILCS 5/13-2055 yrs property vs 2 yrs injury
Indiana2 yearsInd. Code §34-11-2-42 yrs personal property (vehicle); 6 yrs real property
Iowa5 yearsIowa Code §614.1(4)
Kansas2 yearsK.S.A. §60-513
Kentucky2 yearsKy. Rev. Stat. §413.1252 yrs personal property (vehicle); sources differ on real property — verify
Louisiana2 yearsLa. Civ. Code Art. 3493.1extended from 1 yr, eff. July 2024
Maine6 years14 M.R.S. §752
Maryland3 yearsMd. Cts. & Jud. Proc. §5-101
Massachusetts3 yearsMass. Gen. Laws ch.260 §2A
Michigan3 yearsMich. Comp. Laws §600.5805
Minnesota6 yearsMinn. Stat. §541.056 yrs property vs 2 yrs injury
Mississippi3 yearsMiss. Code §15-1-49
Missouri5 yearsMo. Rev. Stat. §516.120(4)
Montana2 yearsMont. Code §27-2-207
Nebraska4 yearsNeb. Rev. Stat. §25-207
Nevada3 yearsNev. Rev. Stat. §11.190
New Hampshire3 yearsN.H. Rev. Stat. §508:4
New Jersey6 yearsN.J. Stat. §2A:14-16 yrs property vs 2 yrs injury
New Mexico4 yearsN.M. Stat. §37-1-4
New York3 yearsN.Y. C.P.L.R. §214
North Carolina3 yearsN.C. Gen. Stat. §1-52same 3 yrs for property and injury
North Dakota6 yearsN.D. Cent. Code §28-01-16
Ohio2 yearsOhio Rev. Code §2305.102 yrs personal property (vehicle); 4 yrs real property
Oklahoma2 yearsOkla. Stat. tit.12 §95
Oregon6 yearsOr. Rev. Stat. §12.0806 yrs property vs 2 yrs injury
Pennsylvania2 years42 Pa. Cons. Stat. §5524
Rhode Island10 yearsR.I. Gen. Laws §9-1-1310 yrs property vs 3 yrs injury
South Carolina3 yearsS.C. Code §15-3-530
South Dakota6 yearsS.D. Codified Laws §15-2-13
Tennessee3 yearsTenn. Code §28-3-1053 yrs property vs 1 yr injury
Texas2 yearsTex. Civ. Prac. & Rem. §16.003
Utah3 yearsUtah Code §78B-2-305
Vermont3 yearsVt. Stat. tit.12 §5123 yrs personal property (vehicle); 6 yrs real property
Virginia5 yearsVa. Code §8.01-2435 yrs property vs 2 yrs injury
Washington3 yearsWash. Rev. Code §4.16.080
West Virginia2 yearsW. Va. Code §55-2-12
Wisconsin6 yearsWis. Stat. §893.526 yrs property vs 3 yrs injury
Wyoming4 yearsWyo. Stat. §1-3-105

Property-damage deadlines are compiled from the Nolo 50-state civil statute-of-limitations chart and Super Lawyers' property-damage table, then reconciled to the personal-property (vehicle) period; where the two disagreed we show the shorter, safe-direction figure and flag it for confirmation against the primary statute. This is general information, not legal advice — confirm your state's current deadline before relying on it.

The exceptions that catch people out

Any of these can move your real deadline away from the standard number.

Claims against the government

Suing a city, county, state, or public hospital usually requires a formal written notice of claim first — often within 60 days to 1 year, far shorter than the standard deadline. Miss the notice and the claim can be barred even if years remain on the normal clock.

The discovery rule

For injuries you couldn't reasonably have discovered at the time (some medical or toxic-exposure cases), the clock may start when you knew or should have known — not the date of the incident. It can extend your window, but don't count on it without legal advice.

Injured minors

When the injured person is under 18, the deadline is often paused (tolled) until they reach adulthood, so a child's claim can be filed years later. The rules vary by state and don't always apply to every claim type.

Wrongful death & malpractice

Wrongful-death claims typically run from the date of death, not the injury, and medical-malpractice claims often have their own deadline plus a hard outer limit (a statute of repose). Both can differ from the general number above.

Read this before relying on a date. This page gives general information and a simple date estimate — it is not legal advice and can't account for the exceptions above or the specifics of your claim. Statutes change and special claim types run on their own clocks. The only way to know your true deadline is to confirm it with a licensed attorney in your state, and the safe move is to do that well before you think you need to.

Not sure how much time you have left?

A free, no-obligation review confirms your real deadline and whether your claim is worth pursuing — most attorneys will tell you in one short call, and it costs nothing to ask. Don't let the clock decide for you.

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Related deadline questions & free tools

→ How long do I have to file a personal injury claim? (deadline by state)
→ What is the discovery rule?
→ Does an insurance claim pause the statute of limitations?
→ What is the statute of limitations for personal injury?
→ Settlement statistics by injury type — compare an offer against real, cited cases.
→ Do I have a personal injury case? — a 60-second check.

Common questions

Is the filing deadline different for property damage than for injury?

Often yes. Many states set a separate statute of limitations for property damage than for bodily injury, and the property-damage deadline is sometimes longer. A single accident can therefore involve two different deadlines.

Can one car accident have two different deadlines?

Yes. The claim for your injuries and the claim for your vehicle or property damage can run on separate clocks, so one settlement or one date may not cover both.

Which deadline should I follow?

Treat the shorter of the two as your working deadline for the entire matter. Since the injury deadline is frequently the shorter one, relying only on the property clock can cause you to miss the injury claim.

Is property damage usually a longer deadline?

In many states, yes — for example California allows 3 years for property damage versus 2 for personal injury — but it varies, so confirm both periods for your state.

Why does the difference matter?

Because the injury claim is usually the more valuable one and often has the shorter deadline. People who settle the car repair first sometimes let the injury deadline lapse without realizing it.

Sources & how we verified these deadlines

The state deadlines above are the general statute of limitations for a negligence-based personal injury claim, cross-referenced across multiple legal references and — because widely circulated charts are often out of date — checked against the primary statute where a state deviates or changed recently. Where sources disagreed we show the shorter deadline (the "safe-direction" rule).

Key state statutes (the outliers and recent changes)

Shortest — 1 year: Kentucky Ky. Rev. Stat. § 413.140(1)(a) · Tennessee Tenn. Code § 28-3-104(a)
Longest — 5–6 years: Missouri Mo. Rev. Stat. § 516.120 (5) · Maine Me. Rev. Stat. tit. 14, § 752 (6) · North Dakota N.D. Cent. Code § 28-01-16 (6)
Four years: Nebraska Neb. Rev. Stat. § 25-207 · Utah Utah Code § 78B-2-307 · Wyoming Wyo. Stat. § 1-3-105
Recently changed: Florida cut 4→2 years, effective March 2023 Fla. Stat. § 95.11 (2023 HB 837) · Louisiana extended 1→2 years, effective July 1, 2024 La. Civ. Code art. 3493.1
Motor-vehicle carve-outs: Colorado 2 years general, 3 for motor-vehicle accidents Colo. Rev. Stat. §§ 13-80-102, 13-80-101 · California Cal. Code Civ. Proc. § 335.1