Parker Waichman LLP

What Is Car Accident Statute of Limitations & Can Someone Sue After a Car Accident Is Settled?

If you’re injured as a result of a car accident, you should make a claim. You need to hire a lawyer and you need to have a thorough investigation and analysis of your claim prepared so you understand who you need to sue, what the benefits of suing those individual defendants are and what they […]

What is car accident statute of limitations & can someone sue after a car accident is settled?

Car accident statute of limitations

If you’re injured as a result of a car accident, you should make a claim.

You need to hire a lawyer and you need to have a thorough investigation and analysis of your claim prepared so you understand who you need to sue, what the benefits of suing those individual defendants are and what they bring to the litigation.

But what if you haven’t filed a lawsuit immediately, you can still do so:

How long do I have to file a lawsuit after a car accident?

How long after a car accident you can sue depends on which state the accicent has happened.

Different states have different statutes of limitation for car accident statutes:

The shortest time period when you can file a car accident lawsuit is in Louisiana (1 year) and the longest is in Maine, Minnesota and North Dakota (6 years)

States Statute of Limitations for Car Accident Lawsuits
Louisiana 1 year
Tennessee 1 year
Alabama 2 years
Alaska 2 years
Arizona 2 years
California 2 years
Connecticut 2 years
Delaware 2 years
Georgia 2 years
Hawaii 2 years
Idaho 2 years
Illinois 2 years
Indiana 2 years
Iowa 2 years
Kansas 2 years
Kentucky 2 years
Nevada 2 years
New Jersey 2 years
Ohio 2 years
Oklahoma 2 years
Oregon 2 years
Pennsylvania 2 years
Puerto Rico 2 years
Texas 2 years
U.S. Virgin Islands 2 years
Virginia 2 years
West Virginia 2 years
Arkansas 3 years
Colorado 3 years
Maryland 3 years
Massachusetts 3 years
Michigan 3 years
Mississippi 3 years
Montana 3 years
New Hampshire 3 years
New Mexico 3 years
New York 3 years
North Carolina 3 years
Rhode Island 3 years
South Carolina 3 years
South Dakota 3 years
Vermont 3 years
Washington 3 years
Washington D.C. 3 years
Wisconsin 3 years
Florida 4 years
Nebraska 4 years
Utah 4 years
Wyoming 4 years
Missouri 5 years
Maine 6 years
Minnesota 6 years
North Dakota 6 years

Do You Have Car-Accident-Related Questions?
Fill in the form below and Jerry will do his best to personally reply to your email!

Can someone sue after a car accident is settled?


Video: Can someone sue after a car accident is settled?

If you’ve settled a car accident and you signed the general release, you cannot sue. Because if you’ve read the general release, it says you’re releasing the defendants from all claims known and unknown, from when the accident happened in perpetuity.

So unless there’s something unusual – we’ve had a few things that were unusual that allowed us to get out of the settlement, allowed us to go to court and have the court vacate the settlement.

Generally speaking, 99.9 percent of the time you sign that general release you are not going to be able to sue and unfortunately we’ve had clients that signed a general release before they had a lawyer and that insurance adjuster for the defendant took advantage of that client.

If I remember correctly, there was one case that was very tragic where the injuries were just horrific and the insurance company gave such a ridiculous offer that when we went to court, the court said that the amount of the offer was just so insignificant compared to the catastrophic nature of the injury that it was unconscionable and vacated the settlement.

Then we were able to negotiate a reasonable settlement for the client thereafter. But it’s a very rare event and that’s why you need to hire a lawyer as soon as you can when you when you get involved in an accident because those insurance adjusters will jump on you and take advantage of you every single day.

FAQ: How long do I have to file a lawsuit after a car accident?

What are car accident lawsuit statute of limitations?

Depending on the state you are filing your car accident lawsuit in, you have 1-6 years to sue someone for a personal injury which came as a result of a car accident. In most states, the clock starts ticking once you discovered your injury (or should have discovered when exercising due diligence)

Can someone sue after a car accident is settled?

If you’ve settled a car accident and you signed the general release, you cannot sue. Because if you’ve read the general release, it says you’re releasing the defendants from all claims known and unknown, from when the accident happened in perpetuity.

More on Car Accident Claims

Speak With Experienced Car Accident Attorneys for Free Today

If you are involved in a car accident, contact Parker Waichman immediately calling 1-800-YOUR-LAWYER (1-800-968-7529) for a free case review today.

More on accident lawsuits:

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I wanna say Parker Waichman help me out tremendously. I wanna thank all Parker Waichman staff especially Gina for work as hard as she did. I will use them again and again. Parker Waichman Thanks a million
kimberly crowder
4 months ago
5 Star Reviews 150
The only great experience I've had with this company is Joanne Stevens NP & Consultant. If we did not get a response sure enough we would just by calling Joanne, very reliable person you can depend on her to get it done no question ask except for what was need for her to assist us, a person of her character is very hard to find and hope she is recognize for all her hard work, she is the only good experience we have had with this law firm, she should be commended for all the hard work she does and for doing what some lawyers in the firm should be doing............ we thank you from the bottom of our hearts and say how much we appreciate your hard work. Sincerely yours, The Angel Alonso Family
Jeannette Suarez
8 years ago
5 Star Reviews 150
I like to thank Joanne and the team at Parker and waichman for their caring about my health due to my unfortunate back pain I have been suffering with the team reach out to me weekly to keep me updated on the process I would recommend them to family and friends.thank you guys for all the support truly appreciate you.
Sharon Sharp
5 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038