DC Car Accident Statute of Limitations

How long do you have to file a car accident claim in Washington, DC? In most cases you have three years from the date of the crash to file a lawsuit, under DC Code § 12-301. If you miss that deadline, the court will almost certainly dismiss your case and you lose the right to recover, no matter how clear the other driver’s fault.

Two shorter deadlines can apply before that three-year clock even matters. If your claim is against the District of Columbia government, you must give written notice within six months. If it is against the Washington Metropolitan Area Transit Authority, you also face a six-month notice requirement. And separately, if you want Personal Injury Protection benefits, you have only 60 days from the crash to elect them.

At Gelb & Gelb, P.C., our attorneys have handled injury claims in the District since 1954. Below we explain each deadline, when the clock can pause, and why acting early protects your claim. For a question about your own situation, call (202) 331-7227 for a free consultation.

The Standard DC Car Accident Deadline: Three Years

The District’s general statute of limitations for personal injury is three years, set by DC Code § 12-301. For a car accident, the clock usually starts on the date of the collision. This three-year period applies to most claims for bodily injury and for damage to your vehicle.

The deadline is the date by which your lawsuit must be filed in court. It is not the date by which you must settle. Filing a timely lawsuit preserves your rights even if settlement talks continue afterward.

Filing Deadline Versus How Long a Case Takes

People often confuse two different timelines. The statute of limitations is the deadline to start your case. How long the case then takes to resolve is a separate question that depends on your injuries, the evidence, and whether the matter settles or goes to trial. If you want to understand the second timeline, see our page on how long a DC car accident case takes. This page is about the filing deadline only.

Shorter Deadlines for Government Claims

Claims Against the District of Columbia

If a District vehicle caused your crash, or a dangerous road condition the District was responsible for contributed to it, a special rule applies. Under DC Code § 12-309, you must give the Mayor written notice of your claim within six months of the injury. The notice must describe the approximate time, place, cause, and circumstances of the injury. A written police report prepared in the regular course of duty can satisfy this requirement. Miss the six-month notice and you can lose the claim against the District even though the three-year filing period has not run.

Claims Against WMATA

Crashes involving a Metro bus or other WMATA vehicle are governed by the WMATA Compact. Section 80 of the Compact requires written notice within six months of the incident. As with District claims, this notice deadline is much shorter than the general filing period, so identify a possible WMATA claim quickly.

Claims Involving Federal Vehicles

If a federal employee acting within the scope of employment caused the crash, the claim falls under the Federal Tort Claims Act. That process requires an administrative claim before any lawsuit, with its own deadlines. These cases have different rules, so get advice early.

The 60-Day PIP Election Window

DC is a choice no-fault jurisdiction. Under DC Code § 31-2405, you must notify your Personal Injury Protection insurer within 60 days of the crash if you want PIP benefits. This is not the lawsuit deadline, but it is a deadline that affects your rights, because electing PIP can limit your ability to sue unless your injury meets a legal threshold. Because of this trade-off, the PIP decision should be made with advice well before the 60 days expire.

When the Three-Year Clock Can Pause

In limited situations the statute of limitations is paused, a concept lawyers call tolling. Common examples include an injured person who is a minor, a defendant who leaves the District to avoid being served, and an injury that could not reasonably have been discovered right away. Tolling rules are technical and fact-specific. Do not assume the clock has stopped. Confirm it with a lawyer.

Wrongful Death and Survival Claims

If a crash causes a death, the deadlines differ. A DC wrongful death action is governed by its own statute and generally must be brought within two years. A survival action follows the three-year injury period. These cases are handled differently, so families should seek advice promptly. You can learn more on our DC wrongful death lawyer page.

Why Filing Early Helps Your Case

Waiting until close to a deadline weakens a case. Evidence disappears, surveillance footage is overwritten, and witnesses move or forget. Starting early lets your attorney preserve evidence, send the right notices on time, and build the strongest possible claim. For the steps to take right after a crash, see our guide on what to do after a car accident in DC.

Speak With a DC Car Accident Lawyer Today

Deadlines are easy to miss and impossible to undo. The safest step is to talk with a lawyer soon after your crash so every deadline is protected. Our consultations are free and confidential, and you pay no fee unless we recover for you.

Call Gelb & Gelb at (202) 331-7227 or use our contact form. To learn more, visit our DC car accident lawyer page and our DC personal injury lawyer page.

Reviewed and authored by Roger K. Gelb, Managing Partner at Gelb & Gelb, P.C. Mr. Gelb is admitted to the Bars of the District of Columbia, Maryland, and Pennsylvania, and to the United States District Court for the District of Columbia, the United States Court of Appeals for the D.C. Circuit, and the United States Supreme Court.

This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Prior results do not guarantee a similar outcome. Each case depends on its own facts and applicable law.