In this guide
When a lawsuit makes sense
A claim is a request to the insurer; a lawsuit asks a court to decide. Most car accident claims settle at the claim stage — see how car accident settlements work. Filing is worth considering when:
- The deadline to sue is getting close. Settlement talks generally don’t pause it; filing does.
- The insurer denies the claim or disputes who caused the crash.
- The offer doesn’t cover the damages and negotiation has stalled. Filing gives you subpoenas, sworn testimony and a trial date, which can move an insurer.
- The damages exceed the policy limit and the driver or another party may have to pay the rest.
Rules to sue in the 10 largest states
| State | Suing for pain and suffering | Deadline to sue for injury | If you were partly at fault | Small claims limit |
|---|---|---|---|---|
| California | No threshold: you can sue the at-fault driver for any injury. | 2 years (Code Civ. Proc. § 335.1) | Pure comparative fault (Li v. Yellow Cab Co. (1975)) | $12,500 ($6,250 for a business); lawyers can’t appear for you (California Courts) |
| Texas | No threshold: you can sue the at-fault driver for any injury. | 2 years (Civ. Prac. & Rem. Code § 16.003) | Barred above 50% (Civ. Prac. & Rem. Code § 33.001) | $20,000 (justice court) (Gov’t Code § 27.031(a)(1)) |
| Florida | Only for a permanent injury, significant scarring or disfigurement, a significant and permanent loss of a bodily function, or a death. (Stat. § 627.737(2)) | 2 years (Stat. § 95.11(5)(a)) | Barred above 50% (Stat. § 768.81(2), (6)) | $8,000 (county court) (Fla. Sm. Cl. R. 7.010(b)) |
| New York | Only for a “serious injury” as the law defines it. (Ins. Law §§ 5102(d), 5104(a)) | 3 years (CPLR 214(5)) | Barred above 50% (CPLR 1411(a), (b)) | $10,000 in New York City; $5,000 in other city courts; $3,000 in town and village courts (NYC Civ. Ct. Act, UCCA and UJCA § 1801) |
| Pennsylvania | With full tort, for any injury. With limited tort, only for a serious injury. (75 Pa.C.S. § 1705) | 2 years (42 Pa.C.S. § 5524(2)) | Barred above 50% (42 Pa.C.S. § 7102(a)) | $12,000 (magisterial district court) (42 Pa.C.S. § 1515(a)(3)) |
| Illinois | No threshold: you can sue the at-fault driver for any injury. | 2 years (735 ILCS 5/13-202) | Barred above 50% (735 ILCS 5/2-1116) | $10,000 (Ill. S. Ct. R. 281) |
| Ohio | No threshold: you can sue the at-fault driver for any injury. | 2 years (R.C. 2305.10(A)) | Barred above 50% (R.C. 2315.33) | $6,000 (R.C. 1925.02(A)(1)) |
| Georgia | No threshold: you can sue the at-fault driver for any injury. | 2 years (O.C.G.A. § 9-3-33) | Barred at 50% (O.C.G.A. § 51-12-33(a), (g)) | $15,000 (magistrate court) (O.C.G.A. § 15-10-2(a)(5)) |
| North Carolina | No threshold: you can sue the at-fault driver for any injury. | 3 years (G.S. 1-52(16)) | Contributory negligence (N.C. common law) | $10,000 (magistrate) (G.S. 7A-210) |
| Michigan | Only for a death, a serious impairment of a body function or permanent serious disfigurement. (MCL 500.3135(1)) | 3 years (MCL 600.5805(2)) | Reduced; no pain-and-suffering damages above 50% (MCL 600.2959) | $7,000 (MCL 600.8401) |
Deadlines are for injury claims against a private driver. A claim against a city, county or the state usually needs a notice within months; the claim deadline calculator shows those and wrongful death deadlines. Small claims courts are mainly for car damage and small injury claims you handle yourself.
The steps of a car accident lawsuit
Most car accident suits are filed in state court, and each state has its own procedure rules. The federal rules show the usual sequence and the kind of deadlines involved:
- Complaint. The case begins when your lawyer files a complaint with the court (Fed. R. Civ. P. 3).
- Service. The driver must be served with the summons and complaint — in federal court within 90 days of filing (Rule 4(m)). Their insurer usually hires the defense lawyer.
- Answer. The defendant responds, within 21 days of service under the federal rules (Rule 12(a)).
- Discovery. Each side gets the other’s evidence: written questions answered under oath (up to 25, answered within 30 days — Rule 33), documents, medical records, and depositions, which are recorded interviews under oath (one day of 7 hours each by default — Rule 30). This is usually the longest stage.
- Settlement talks and mediation. Courts can push the parties toward settlement at pretrial conferences (Rule 16). Many cases settle here, once both sides have seen the evidence.
- Trial. Car accident trials are almost always heard by a jury — more than 90% of them in the BJS data.
How long it takes and how trials turn out
The Bureau of Justice Statistics’ Civil Justice Survey of State Courts tracked how car accident trials ended in a national sample of state courts. Its figures for trials concluded in 2005:
| Automobile accident trials, 2005 | Figure |
|---|---|
| Trials concluded (estimate) | 9,431 |
| Plaintiff won | 64.3% |
| Median final award to winning plaintiffs | $15,000 |
| Median time from filing to verdict | 20.1 months |
| Share of all tort cases decided by trial | about 4% |
Two cautions. These are trial results, and trials are the cases the parties couldn’t settle — settlement amounts usually aren’t part of the public record, so there’s no comparable figure for them. And the data is from 2005, in 2005 dollars. A plaintiff “win” can also be smaller than the last offer before trial.
What filing costs you: settle now or sue?
Contingency fees often step up once a lawsuit is filed, and case costs — filing fees, depositions, medical records, expert witnesses — grow with each stage. Check the steps in your own fee agreement. An illustrative comparison, before medical liens:
| Scenario | Settlement | Fee | Costs | You keep |
|---|---|---|---|---|
| Settle before filing (⅓ fee) | $60,000 | $20,000 | $500 | $39,500 |
| Same amount after filing (40% fee) | $60,000 | $24,000 | $3,000 | $33,000 |
| Break-even after filing | $70,900 | $28,360 | $3,000 | $39,540 |
In this example, a lawsuit has to produce about $70,900 — 18% more than the $60,000 offer — just to leave you where you started, and that’s before the extra year or two of waiting. The fee percentages and costs are examples, not typical figures. Run your own numbers in the break-even calculator, and see what’s left after liens in the take-home calculator.
Before you file
- Find your deadline in the table above or the deadline calculator, and any notice deadline if a public vehicle or road was involved.
- Check the other driver’s policy limit. A judgment above it may be hard to collect; your own underinsured motorist coverage may cover the gap.
- Read your fee agreement for the fee after filing and how costs are charged if you lose.
- Keep treating and keep records. Medical records and bills are the core evidence in discovery.
- Ask for the last offer in writing before you decide, so you know what you’re turning down.
Frequently asked questions
Should I sue after a car accident or settle?
Most claims settle without a lawsuit. Filing makes sense when the insurer denies the claim or won’t offer what the damages are worth, when fault is disputed, or when the deadline to sue is getting close. A lawsuit adds cost and time, so compare what you’d keep from a settlement now with what you’d likely keep after filing.
How long does a car accident lawsuit take?
In national data from the Bureau of Justice Statistics, automobile accident cases that went to trial took a median of 20.1 months from filing to verdict (2005). Most cases settle before trial, often after discovery or mediation.
What percentage of car accident cases go to trial?
Very few. In jurisdictions that reported both trial and non-trial outcomes, about 4% of all tort cases — including car accident cases — were decided by trial in 2005. Plaintiffs won 64.3% of automobile accident trials.
Can I sue the other driver if my state is no-fault?
Yes, but in Florida, New York, Pennsylvania and Michigan a suit for pain and suffering requires an injury that meets the state’s threshold (in Pennsylvania, only if you chose limited tort). Your own no-fault coverage pays medical bills first regardless of fault.
Can I sue for car damage in small claims court?
Usually, if the amount is under your state’s small claims limit — from $6,000 in Ohio to $20,000 in Texas among the 10 largest states, and as low as $3,000 in New York’s town and village courts. You can file without a lawyer, and in California lawyers can’t appear for you.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129) — tables 4, 5 and 8: automobile accident trials (Bureau of Justice Statistics, U.S. Department of Justice)
- Federal Rule of Civil Procedure 3 — Commencing an action (Cornell Legal Information Institute)
- Federal Rule of Civil Procedure 4 — Summons; 4(m) time limit for service (90 days) (Cornell Legal Information Institute)
- Federal Rule of Civil Procedure 12 — Time to answer (21 days after service) (Cornell Legal Information Institute)
- Federal Rule of Civil Procedure 33 — Interrogatories to parties (25; answers in 30 days) (Cornell Legal Information Institute)
- Federal Rule of Civil Procedure 30 — Depositions by oral examination (1 day of 7 hours) (Cornell Legal Information Institute)
- Federal Rule of Civil Procedure 16 — Pretrial conferences; settlement (Cornell Legal Information Institute)
- Florida Statutes § 627.737(2) — When you can sue for pain and suffering (permanent injury threshold) (FindLaw (Florida Statutes))
- N.Y. Insurance Law § 5102(a), (d) — Basic economic loss up to $50,000; definition of serious injury (FindLaw (New York Insurance Law))
- N.Y. Insurance Law § 5104(a) — No recovery for non-economic loss except in the case of a serious injury (FindLaw (New York Insurance Law))
- 75 Pa.C.S. § 1705 — Limited tort and full tort options (FindLaw (Pennsylvania Consolidated Statutes))
- Michigan Compiled Laws § 500.3135 — Tort liability limits under no-fault (noneconomic loss threshold; up to $3,000 vehicle damage) (FindLaw (Michigan Insurance Code))
- California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
- Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
- New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
- 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
- O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
- Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
- New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
- 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
- O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
- Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
- Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))
- Small claims in California — $12,500 for individuals, $6,250 for businesses; no lawyers in court (Judicial Branch of California)
- Texas Government Code § 27.031(a)(1) — Justice court civil jurisdiction: up to $20,000 (FindLaw (Texas Government Code))
- Florida Small Claims Rules (July 1, 2026), Rule 7.010(b) — up to $8,000 (The Florida Bar)
- New York City Civil Court Act § 1801 — Small claims up to $10,000 (New York State Senate)
- Uniform City Court Act § 1801 — Small claims up to $5,000 (New York State Senate)
- Uniform Justice Court Act § 1801 — Small claims up to $3,000 (town and village courts) (New York State Senate)
- Illinois Supreme Court Rule 281 — Small claims up to $10,000 (Illinois Courts)
- Ohio Revised Code § 1925.02(A)(1) — Small claims division: up to $6,000 (FindLaw (Ohio Revised Code))
- O.C.G.A. § 15-10-2(a)(5) — Magistrate court civil claims up to $15,000 (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 7A-210 — Small claims (magistrates): up to $10,000 (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 600.8401 — Small claims: $7,000 from January 1, 2024 (FindLaw (Michigan Revised Judicature Act))
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.