Car Accident Claim Rules by State
Every state's fault rule, no-fault status and injury filing deadline in one table, with a detailed page for each state.
The same crash can be worth very different amounts depending on where it happened. A driver who is 20% at fault gets 80% of their damages in California, but can get nothing at all in Virginia. That difference comes from state law, not from the insurer.
This page puts every state's basic rules side by side. Click a state name to open its full page, where the claim calculator is already set to that state's rules.
The three rules that matter most
- Fault system. In at-fault states the other driver's insurer pays for your injuries. In no-fault states your own PIP coverage pays first, and suing for pain and suffering has extra hurdles.
- Negligence rule. This decides what happens when both drivers share blame. It ranges from pure comparative (you can always recover something) to contributory (any fault can bar you).
- Filing deadline. The statute of limitations for an injury lawsuit runs from 1 to 6 years depending on the state. Miss it and the claim is usually over.
Fault rules and deadlines in all 50 states + DC
| State | System | Fault rule | Injury deadline |
|---|---|---|---|
| Alabama | At fault | Contributory | 2 years |
| Alaska | At fault | Pure comparative | 2 years |
| Arizona | At fault | Pure comparative | 2 years |
| Arkansas | At fault | 50% bar | 3 years |
| California | At fault | Pure comparative | 2 years |
| Colorado | At fault | 50% bar | 3 years |
| Connecticut | At fault | 51% bar | 2 years |
| Delaware | At fault | 51% bar | 2 years |
| District of Columbia | At fault | Contributory | 3 years |
| Florida | No fault | 51% bar | 2 years |
| Georgia | At fault | 50% bar | 2 years |
| Hawaii | No fault | 51% bar | 2 years |
| Idaho | At fault | 50% bar | 2 years |
| Illinois | At fault | 51% bar | 2 years |
| Indiana | At fault | 51% bar | 2 years |
| Iowa | At fault | 51% bar | 2 years |
| Kansas | No fault | 50% bar | 2 years |
| Kentucky | Choice | Pure comparative | 2 years |
| Louisiana | At fault | Pure comparative | 2 years |
| Maine | At fault | 50% bar | 6 years |
| Maryland | At fault | Contributory | 3 years |
| Massachusetts | No fault | 51% bar | 3 years |
| Michigan | No fault | 51% bar (pain and suffering) | 3 years |
| Minnesota | No fault | 51% bar | 6 years |
| Mississippi | At fault | Pure comparative | 3 years |
| Missouri | At fault | Pure comparative | 5 years |
| Montana | At fault | 51% bar | 3 years |
| Nebraska | At fault | 50% bar | 4 years |
| Nevada | At fault | 51% bar | 2 years |
| New Hampshire | At fault | 51% bar | 3 years |
| New Jersey | Choice | 51% bar | 2 years |
| New Mexico | At fault | Pure comparative | 3 years |
| New York | No fault | Pure comparative | 3 years |
| North Carolina | At fault | Contributory | 3 years |
| North Dakota | No fault | 50% bar | 6 years |
| Ohio | At fault | 51% bar | 2 years |
| Oklahoma | At fault | 51% bar | 2 years |
| Oregon | At fault | 51% bar | 2 years |
| Pennsylvania | Choice | 51% bar | 2 years |
| Rhode Island | At fault | Pure comparative | 3 years |
| South Carolina | At fault | 51% bar | 3 years |
| South Dakota | At fault | Slight / gross | 3 years |
| Tennessee | At fault | 50% bar | 1 year |
| Texas | At fault | 51% bar | 2 years |
| Utah | No fault | 50% bar | 4 years |
| Vermont | At fault | 51% bar | 3 years |
| Virginia | At fault | Contributory | 2 years |
| Washington | At fault | Pure comparative | 3 years |
| West Virginia | At fault | 51% bar | 2 years |
| Wisconsin | At fault | 51% bar | 3 years |
| Wyoming | At fault | 51% bar | 4 years |
Laws change. We review this table regularly and date every state page, but always confirm the deadline for your situation with the state’s official statute or a local attorney, especially if the deadline is close.
What the negligence rules mean in dollars
Say your claim is worth $50,000 and you are found 30% at fault:
| Rule | What you could recover |
|---|---|
| Pure comparative | $35,000 |
| Modified, 50% bar | $35,000 (but $0 at 50% fault or more) |
| Modified, 51% bar | $35,000 (but $0 above 50% fault) |
| Contributory | $0 |
Want to run your own numbers? The car accident settlement calculator applies your state's rule automatically.
No-fault and choice no-fault states
Twelve states change who pays first after a crash. In no-fault states (Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota and Utah), your own personal injury protection (PIP) pays your medical bills and some lost wages no matter who caused the crash. In choice states (Kentucky, New Jersey and Pennsylvania), your policy option decides whether you can claim pain and suffering for a minor injury. Read at-fault vs no-fault states for the details.
Filing deadlines at a glance
| Deadline for an injury lawsuit | Examples |
|---|---|
| 1 year | Tennessee |
| 2 years | California, Texas, Florida, Georgia, Pennsylvania, Illinois, Ohio, Virginia |
| 3 years | New York, North Carolina, Michigan, Maryland, Massachusetts, Washington |
| 4 to 6 years | Nebraska, Utah and Wyoming (4), Missouri (5), Maine, Minnesota and North Dakota (6) |
These are the general deadlines for injury lawsuits after a car accident. Property damage claims, claims against a government vehicle and claims involving a minor can have different deadlines. The insurance claim itself should be reported much sooner, usually within days.
Minimum insurance and why it matters
Every state except New Hampshire requires drivers to carry at least some liability insurance, and the minimums vary widely. Minimums are written as three numbers: for example, 25/50/25 means $25,000 per injured person, $50,000 per accident for injuries, and $25,000 for property damage. If the driver who hit you carries only the minimum, that may be the most their insurer will pay, no matter how serious your injuries are. That is why your own underinsured motorist coverage can matter so much.
How to use your state page
Each state page includes:
- The state's fault system, negligence rule, filing deadline and minimum insurance
- A plain-English explanation of what the rule means for a partly at-fault driver
- A settlement calculator preset to that state's rule
- Notes on diminished value and recent law changes
- A short FAQ
We check each state against official sources, following our editorial policy, and show the date it was last reviewed. If you spot something out of date, please tell us.
Frequently asked questions
Which states are no-fault for car accidents?
Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York, North Dakota and Utah. Kentucky, New Jersey and Pennsylvania are choice no-fault states.
Which states use contributory negligence?
Alabama, Maryland, North Carolina, Virginia and Washington, DC. In these places, even a small share of fault can bar a claim.
What is the shortest deadline to file a car accident lawsuit?
Tennessee’s general deadline for injury claims is 1 year. Most states allow 2 or 3 years.
What does 25/50/25 mean on car insurance?
$25,000 per injured person, $50,000 per accident for injuries, and $25,000 for property damage.
Do state rules affect my settlement if I was not at fault?
Less, but they still matter. No-fault rules decide who pays your medical bills first, and minimum coverage often caps what the other driver’s insurer pays.
How often do you update state rules?
We review state information at least every three months and whenever we learn of a law change. Each page shows its last reviewed date.