Statute of Limitations by State
The Clock on Your Claim
Is Already Running.
The statute of limitations is a hard legal deadline. Miss it and your claim is dead — not negotiable, not disputable, just gone. Here is what it means, how it works, and exactly how much time you have in your state.
Don’t assume you have time. Most states set a 2–3 year window for property damage claims. Some start from the date of the accident. Some from the date you discovered the damage. A free review takes less than 24 hours and costs you nothing.
Before the Legal Details
A statute of limitations is a state law that sets a deadline for filing a lawsuit. Once that deadline passes, you permanently lose the right to pursue your claim in court — regardless of how legitimate it is, how clearly the insurer underpaid you, or how much money is at stake. The case does not weaken. It disappears entirely.
In the context of a vehicle property damage claim, the clock typically starts running from the date of the accident. Some states apply a “discovery rule,” meaning the clock starts when you knew or should have known about the damage — relevant in cases where problems emerge after the initial repair. Either way, the clock is running right now.
Insurers understand this better than you do. A standard tactic is to stall, request more documentation, extend correspondence, or make low offers and wait for you to run out of time to fight. Once the window closes, they owe you nothing. This is not paranoia. It is documented industry practice.
The statute of limitations applies to your right to sue. It is distinct from your insurance policy’s internal deadlines for reporting a claim, which are separate requirements. Both apply, but the statute of limitations governs your ability to go to court if the insurer refuses to pay what you are owed.
The SOL window opens when your cause of action “accrues.” For most property damage claims, that is the date of the accident. Some states use a discovery rule — the window opens when you discovered the damage or reasonably should have. Which rule applies depends on your state and the nature of the claim.
Third-party claims (against the at-fault driver’s insurer) and first-party claims (against your own insurer) may carry different deadlines. Some states treat them identically. Others impose separate limitations periods. Your policy may also contain contractual time limits shorter than the state statute — check both.
An insurer calling a claim “closed” does not close the statute of limitations. If you have not signed a release of liability, your claim may still be viable regardless of what the insurer’s letter says. Their administrative closure is not a legal deadline. State law governs the deadline, not their paperwork.
The following table reflects the general statute of limitations for property damage claims (personal property / chattel, including vehicles) in each state, along with the controlling statute citation. Always verify the current statute for your specific claim type — state legislatures do amend these periodically.
| State | Years | Controlling Statute | Notes |
|---|---|---|---|
| Alabama | 2 yrs | Ala. Code § 6-2-38 | Applies to personal property damage in tort |
| Alaska | 2 yrs | Alaska Stat. § 09.10.050 | Personal property damage; 6 yrs for trespass |
| Arizona | 2 yrs | A.R.S. § 12-542 | Injury to persons and property |
| Arkansas | 3 yrs | A.C.A. § 16-56-105 | Personal and real property in tort |
| California | 3 yrs | Cal. Civ. Proc. Code § 338(c) | Damage to personal property; discovery rule may apply |
| Colorado | 2 yrs | C.R.S. § 13-80-102 | General tort including property damage |
| Connecticut | 2 yrs | C.G.S.A. § 52-584 | General property damage in tort |
| Delaware | 2 yrs | 10 Del. C. § 8119 | Personal property damage; 3 yrs for trespass |
| Florida | 4 yrs | Fla. Stat. § 95.11(3)(a) | Property damage remains 4 yrs; PI reduced to 2 yrs via HB 837 (2023) |
| Georgia | 4 yrs | O.C.G.A. § 9-3-31 | Injury to personal property |
| Hawaii | 2 yrs | Haw. Rev. Stat. § 657-7 | Damage to property |
| Idaho | 3 yrs | Idaho Code § 5-218(3) | Damage to personal property or trespass |
| Illinois | 5 yrs | 735 ILCS 5/13-205 | Property damage actions |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 | Injury to personal property |
| Iowa | 5 yrs | Iowa Code § 614.1(4) | Property damage; PI is 2 yrs under § 614.1(2) |
| Kansas | 2 yrs | Kan. Stat. Ann. § 60-513(a)(4) | Property damage and personal injury |
| Kentucky | 2 yrs | K.R.S. § 413.125 | Damage to personal property |
| Louisiana | 2 yrs | La. C.C. Art. 3493 | Extended from 1 yr via Act 423 (2024), eff. July 1, 2024 |
| Maine | 6 yrs | 14 M.R.S.A. § 752 | General civil actions including property damage |
| Maryland | 3 yrs | Md. Cts. & Jud. Proc. § 5-101 | General civil actions |
| Massachusetts | 3 yrs | Mass. Ann. Laws ch. 260, § 2A | Tort actions including property damage |
| Michigan | 3 yrs | M.C.L. § 600.5805(2) | Property damage; discovery rule may apply |
| Minnesota | 6 yrs | Minn. Stat. § 541.05, subd. 1(4) | Property damage tort actions |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 | General civil actions; catch-all 3 yrs |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) | Damage to property |
| Montana | 2 yrs | Mont. Code Ann. § 27-2-207 | Injury to property |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 | Actions for injury to property |
| Nevada | 3 yrs | Nev. Rev. Stat. § 11.190(3)(c) | Injury to personal property |
| New Hampshire | 3 yrs | N.H. Rev. Stat. Ann. § 508:4 | General tort actions |
| New Jersey | 6 yrs | N.J. Stat. Ann. § 2A:14-1 | Property damage; PI is 2 yrs under § 2A:14-2 |
| New Mexico | 4 yrs | N.M. Stat. Ann. § 37-1-4 | Actions not otherwise provided for |
| New York | 3 yrs | N.Y. C.P.L.R. § 214(4) | Property damage; discovery rule for latent damage |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52(4) | Injury to personal property |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16(5) | Injury to personal property |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10(A) | Bodily injury and property damage |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12, § 95(A)(3) | Injury to personal property |
| Oregon | 6 yrs | Or. Rev. Stat. § 12.080(1) | Property damage; PI is 2 yrs under § 12.110 |
| Pennsylvania | 2 yrs | 42 Pa. C.S. § 5524(3) | Property damage |
| Rhode Island | 3 yrs | R.I. Gen. Laws § 9-1-14(b) | General tort actions |
| South Carolina | 3 yrs | S.C. Code Ann. § 15-3-530(5) | Injury to personal property |
| South Dakota | 6 yrs | S.D. Codified Laws § 15-2-13(4) | Injury to personal property |
| Tennessee | 3 yrs | Tenn. Code Ann. § 28-3-105 | Personal property damage; PI is 1 yr under § 28-3-104 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003(a) | Personal injury and property damage |
| Utah | 3 yrs | Utah Code Ann. § 78B-2-305(2) | Injury to personal property |
| Vermont | 3 yrs | Vt. Stat. Ann. tit. 12, § 512(5) | Injury to personal property |
| Virginia | 5 yrs | Va. Code Ann. § 8.01-243(B) | Property damage; PI is 2 yrs under § 8.01-243(A) |
| Washington | 3 yrs | R.C.W. § 4.16.080 | General civil actions |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12(b) | Damage to property |
| Wisconsin | 6 yrs | Wis. Stat. § 893.52 | Injury to personal property |
| Wyoming | 4 yrs | Wyo. Stat. Ann. § 1-3-106 | Injury to personal property |
The numbers above are the general statute of limitations for property damage tort actions. For a vehicle claim against a third-party insurer — which is the core of what we do — this table is your baseline. The clock started on the date of the accident in most states.
If your state shows 2 years and your accident was 20 months ago, you have roughly 4 months. That is not comfortable time. That is urgency.
Even in 3–6 year states, waiting is the insurer’s preferred strategy. Evidence degrades, valuations shift, vehicles get sold or scrapped. Earlier is always better.
This table reflects general property damage SOL. The following situations may carry different or shorter deadlines and should be reviewed separately:
Government-owned vehicles: Notice-of-claim requirements as short as 60–180 days in many states, completely separate from the general SOL.
First-party uninsured/underinsured claims: Your own policy’s contractual limitation clause may be shorter than the state statute. Read your declarations page.
Recent amendments: Florida reduced its personal injury SOL in 2023 (HB 837); Louisiana extended its delictual prescription in 2024. State law changes. The citations above let you verify current status.
Still Have Time?
Use It.
A free review takes less than 24 hours. We look at the accident date, your state’s deadline, and whether the claim is still viable — at no cost to you.