What is the Car Accident Statute of Limitations in Washington, D.C.?

Washington D.C., like each of the 50 states, places time limits on a prospective plaintiff's right to file lawsuits. These deadlines are called statutes of limitations. The filing deadlines usually differ depending on the type of case you want to bring.

If you try to file your lawsuit after the statute of limitations deadline has passed, the person you are trying to sue will ask the court to dismiss the case, and the court will almost certainly grant that request. That's why it's crucial to understand and abide by the statute of limitations as it applies to your potential lawsuit.

Washington D.C.'s Deadline for Filing a Car Accident Claim

The statute of limitations for most Washington D.C. car accident lawsuits is the same as the larger one that applies to personal injury cases filed in the district. A lawsuit for personal injury or injury to property must be filed within three years. So, this three-year deadline applies to any injury or property damage claim brought by a driver, passenger, pedestrian, or bicyclist after a car accident. For cases like this, the statute of limitations "clock" starts running on the date of the crash. (D.C. Code § 12-301 (2024).)

(Note: a car accident case generally hinges on the plaintiff's ability to prove that someone's negligence was the cause of the crash. Learn more about Car Accidents Caused by Negligence.)

The Deadline for Filing a D.C. Wrongful Death Claim

If someone died as a result of a car accident, and their family or representative wants to file a wrongful death lawsuit in Washington D.C., a special deadline applies. Instead of the usual three-year time limit, you must file any wrongful death claim within two years. Keep in mind that this two-year "clock" starts on the date of the decedent's death, which could be different from the date of the accident. (D.C. Code § 16-2702 (2024).)

(There are other crucial differences between wrongful death claims and personal injury claims, including who can file a lawsuit and how damages are distributed. Learn more about the rules for wrongful death lawsuits in Washington D.C.)

Getting Help With Your Car Accident Claim

From a strategy standpoint, it's a good idea to leave yourself plenty of time to file a lawsuit. Even if you're confident you'll be able to settle your claim with the insurance company, leaving the lawsuit option open will give you more leverage during settlement negotiations. If the statute of limitations deadline is coming up, or you have other questions about your claim, you may want to contact a D.C. attorney with experience handling car accident cases.