Car Accident Fault Laws and Filing Deadlines in Every State
See which states use no-fault or at-fault auto insurance, how comparative and contributory negligence rules affect recovery, and the personal injury deadlines that govern car, truck, motorcycle and boating claims across all 50 states and D.C.
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These classifications describe the general rule for motor vehicle claims as of the date shown above. Legislatures change these laws, and individual cases may involve exceptions such as government notice requirements, tolling for minors or the discovery rule, so verify current law with a licensed attorney before relying on any entry below.
Fault System by State: No-Fault vs. At-Fault
In an at-fault (tort) state, which is most of the country, the driver who caused the crash and that driver's liability insurer pay the other party's medical bills, lost income and pain and suffering. In a no-fault state, your own Personal Injury Protection (PIP) coverage pays your medical costs no matter who caused the crash, and you can sue the other driver only if your injuries pass that state's severity or dollar “threshold.” Of the twelve no-fault states, three let drivers opt for a traditional at-fault policy instead.
| Category | States |
|---|---|
| No-Fault (mandatory PIP) | Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, New York and North Dakota |
| Choice No-Fault (PIP with at-fault opt-out) | Kentucky, New Jersey, Pennsylvania |
| At-Fault (Tort) | All other states — see full table below |
Negligence Rule by State
When you are partly to blame for a crash, your state's negligence rule decides whether you can still recover and how much. States fall into four broad groups:
| Rule | How It Works | States |
|---|---|---|
| Pure Contributory Negligence | Any share of fault on the injured person's part, even 1%, blocks recovery completely. | Alabama, D.C., Maryland, North Carolina, Virginia |
| Pure Comparative Negligence | The injured person can recover even if mostly at fault, with the award reduced by their share of fault. | Alaska, Arizona, California, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, Washington |
| Modified Comparative (50% Bar) | Recovery is reduced by your share of fault and allowed only if you were less than 50% responsible; at 50% or more you recover nothing. | Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, West Virginia |
| Modified Comparative (51% Bar) | Recovery is reduced by your share of fault and allowed only if you were no more than 50% responsible; at 51% or more you recover nothing. | Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, Wyoming |
State-by-State Fault System, Negligence Rule and Injury Filing Deadline
The table lists all 50 states and D.C. for general personal injury claims, which cover car, truck, motorcycle and boating crashes. Each citation points to the statute; read the current text before relying on any deadline.
| State | Fault System | Negligence Rule | PI Statute of Limitations | Citation |
|---|---|---|---|---|
| Alabama | At-Fault (Tort) | Pure Contributory Negligence | 2 years | Ala. Code § 6-2-38 |
| Alaska | At-Fault (Tort) | Pure Comparative Negligence | 2 years | Alaska Stat. § 09.10.070 |
| Arizona | At-Fault (Tort) | Pure Comparative Negligence | 2 years | A.R.S. § 12-542 |
| Arkansas | At-Fault (Tort) | Modified Comparative (50% Bar) | 3 years | Ark. Code § 16-56-105 |
| California | At-Fault (Tort) | Pure Comparative Negligence | 2 years | Cal. Civ. Proc. Code § 335.1 |
| Colorado | At-Fault (Tort) | Modified Comparative (50% Bar) | 2 years | Colo. Rev. Stat. § 13-80-102 |
| Connecticut | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Conn. Gen. Stat. § 52-584 |
| Delaware | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | 10 Del. Code § 8119 |
| District of Columbia | At-Fault (Tort) | Pure Contributory Negligence | 3 years | D.C. Code § 12-301(a)(8) |
| Florida | No-Fault (PIP) | Modified Comparative (51% Bar) | 2 years | Fla. Stat. § 95.11(5)(a) |
| Georgia | At-Fault (Tort) | Modified Comparative (50% Bar) | 2 years | Ga. Code § 9-3-33 |
| Hawaii | No-Fault (PIP) | Modified Comparative (51% Bar) | 2 years | Haw. Rev. Stat. § 657-7 |
| Idaho | At-Fault (Tort) | Modified Comparative (50% Bar) | 2 years | Idaho Code § 5-219(4) |
| Illinois | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | 735 ILCS 5/13-202 |
| Indiana | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Ind. Code § 34-11-2-4 |
| Iowa | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Iowa Code § 614.1(2) |
| Kansas | No-Fault (PIP) | Modified Comparative (50% Bar) | 2 years | Kan. Stat. Ann. § 60-513(a)(4) |
| Kentucky | Choice No-Fault | Pure Comparative Negligence | 1 year | Ky. Rev. Stat. § 413.140(1)(a) |
| Louisiana | At-Fault (Tort) | Pure Comparative Negligence | 2 years | La. Civ. Code art. 3493.11 |
| Maine | At-Fault (Tort) | Modified Comparative (50% Bar) | 6 years | Me. Rev. Stat. tit. 14 § 752 |
| Maryland | At-Fault (Tort) | Pure Contributory Negligence | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Massachusetts | No-Fault (PIP) | Modified Comparative (51% Bar) | 3 years | Mass. Gen. Laws ch. 260, § 2A |
| Michigan | No-Fault (PIP) | Modified Comparative (51% Bar) | 3 years | Mich. Comp. Laws § 600.5805 |
| Minnesota | No-Fault (PIP) | Modified Comparative (51% Bar) | 6 yrs (negligence) / 2 yrs (intentional) | Minn. Stat. § 541.05 |
| Mississippi | At-Fault (Tort) | Pure Comparative Negligence | 3 years | Miss. Code Ann. § 15-1-49 |
| Missouri | At-Fault (Tort) | Pure Comparative Negligence | 5 years | Mo. Rev. Stat. § 516.120 |
| Montana | At-Fault (Tort) | Modified Comparative (51% Bar) | 3 years | Mont. Code Ann. § 27-2-204 |
| Nebraska | At-Fault (Tort) | Modified Comparative (50% Bar) | 4 years | Neb. Rev. Stat. § 25-207 |
| Nevada | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Nev. Rev. Stat. § 11.190(4)(e) |
| New Hampshire | At-Fault (Tort) | Modified Comparative (51% Bar) | 3 years | N.H. Rev. Stat. Ann. § 508:4 |
| New Jersey | Choice No-Fault | Modified Comparative (51% Bar) | 2 years | N.J. Stat. § 2A:14-2 |
| New Mexico | At-Fault (Tort) | Pure Comparative Negligence | 3 years | N.M. Stat. § 37-1-8 |
| New York | No-Fault (PIP) | Pure Comparative Negligence | 3 years | N.Y. C.P.L.R. § 214 |
| North Carolina | At-Fault (Tort) | Pure Contributory Negligence | 3 years | N.C. Gen. Stat. § 1-52(5) |
| North Dakota | No-Fault (PIP) | Modified Comparative (50% Bar) | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Ohio | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Ohio Rev. Code § 2305.10 |
| Oklahoma | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Okla. Stat. tit. 12 § 95(A)(3) |
| Oregon | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Or. Rev. Stat. § 12.110(1) |
| Pennsylvania | Choice No-Fault | Modified Comparative (51% Bar) | 2 years | 42 Pa. Cons. Stat. § 5524 |
| Rhode Island | At-Fault (Tort) | Pure Comparative Negligence | 3 years | R.I. Gen. Laws § 9-1-14(b) |
| South Carolina | At-Fault (Tort) | Modified Comparative (50% Bar) | 3 years | S.C. Code Ann. § 15-3-530(5) |
| South Dakota | At-Fault (Tort) | Pure Comparative Negligence | 3 years | S.D. Codified Laws § 15-2-14(3) |
| Tennessee | At-Fault (Tort) | Modified Comparative (50% Bar) | 1 year | Tenn. Code Ann. § 28-3-104(a)(1) |
| Texas | At-Fault (Tort) | Modified Comparative (51% Bar) | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003(a) |
| Utah | At-Fault (Tort) | Modified Comparative (50% Bar) | 4 years | Utah Code § 78B-2-307 |
| Vermont | At-Fault (Tort) | Modified Comparative (51% Bar) | 3 years | 12 V.S.A. § 512(4) |
| Virginia | At-Fault (Tort) | Pure Contributory Negligence | 2 years | Va. Code § 8.01-243(A) |
| Washington | At-Fault (Tort) | Pure Comparative Negligence | 3 years | Wash. Rev. Code § 4.16.080(2) |
| West Virginia | At-Fault (Tort) | Modified Comparative (50% Bar) | 2 years | W. Va. Code § 55-2-12(b) |
| Wisconsin | At-Fault (Tort) | Modified Comparative (51% Bar) | 3 years | Wis. Stat. § 893.54(1m) |
| Wyoming | At-Fault (Tort) | Modified Comparative (51% Bar) | 4 years | Wyo. Stat. § 1-3-105(a)(iv)(C) |
How These Rules Affect Your Claim
Your state's fault system decides whose insurance you claim against first. In at-fault states, you or your lawyer usually file against the at-fault driver's liability insurer. In no-fault states, you start with your own PIP coverage and can pursue the other driver only if your injury meets the tort threshold, usually a medical-expense amount or a “serious injury” such as permanent disfigurement, a fracture or death.
The negligence rule matters when the insurer argues you contributed to the crash, for example by speeding, tailgating or not wearing a seatbelt where that evidence is allowed. Under pure comparative fault, your share of blame only reduces the award. Under modified comparative fault, crossing the 50% or 51% bar wipes out recovery. Under pure contributory negligence, any fault at all can defeat the claim, which is why insurers in those five jurisdictions push fault arguments so hard.
The statute of limitations is the final deadline to file suit, separate from the much shorter deadlines to report a crash or notify your insurer. Missing it usually ends the claim for good, with limited exceptions for minors, incapacity and discovery-rule situations.
Sources & Citations
- Casefleet statute of limitations lookup (personal injury data for 51 jurisdictions, checked against Nolo, Justia and Matthiesen Wickert & Lehrer)
- Matthiesen, Wickert & Lehrer, S.C. on comparative fault and contributory negligence
- NHTSA Fatality Analysis Reporting System (FARS) — national crash fatality data
- IIHS motorcycle and highway safety research — including state helmet laws
- No-fault designations compared with 2026 insurance guides from WalletHub, Liberty Mutual and Kiplinger
- State statutes and legislative sources for fault systems, negligence rules and filing deadlines
Read our full editorial methodology & data-sourcing standards →
Frequently Asked Questions
How do at-fault and no-fault states differ?
At-fault states make the driver who caused the crash, through that driver's insurer, responsible for the other party's losses. No-fault states have each driver's own PIP coverage pay medical bills regardless of fault, and a lawsuit against the other driver is allowed only when the injury meets the state's threshold.
How does pure comparative negligence differ from modified comparative negligence?
Pure comparative negligence lets you recover even when you were mostly at fault, minus your share of blame. Modified comparative negligence allows recovery only while your share stays below a cutoff of 50% or 51%, depending on the state, and bars recovery once you reach it.
What is contributory negligence, and why is it so strict?
Contributory negligence denies any recovery if you were even slightly at fault, regardless of how much more the other driver was to blame. Only Alabama, D.C., Maryland, North Carolina and Virginia still apply it to most injury claims.
What is the deadline to file a car accident lawsuit in my state?
Personal injury deadlines run from one year in Kentucky and Tennessee to six years in Maine and North Dakota, and most states allow two or three years. Find your state in the table, then confirm the current law and any exceptions with a licensed attorney.
Do these rules cover truck, motorcycle and boating crashes?
Usually yes. A state's fault system, negligence rule and filing deadline generally apply to motor vehicle claims of all kinds, including trucks, motorcycles and recreational boats, unless a more specific law, such as a government claim notice rule, applies. Our motor vehicle accident settlement database has more on each category.
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This page offers general information, not legal advice. The fault system, negligence rule and filing deadline summaries reflect general law as of the date above and may not capture exceptions, recent changes or how a court would rule on your facts. State laws differ and change, so confirm current requirements with a licensed attorney in your state. Legal Lawsuit is not a law firm and does not provide legal representation.
