Laws for car accidents govern who is liable, what insurance is required, and how long you have to file a claim. In 2026, the most important distinction remains whether you live in an “at-fault” or “no-fault” state. In at-fault states like Texas, the person who caused the crash pays for the damages, whereas in no-fault states like Florida, your own insurance pays for your medical bills regardless of who was to blame.
Every driver in the US is legally required to carry minimum liability insurance, report accidents above a certain damage threshold, and stop at the scene of any accident they’re involved in. Leaving the scene – a hit and run – is a criminal offense in every state.
At-Fault vs No-Fault States
|
System |
States |
How It Works |
|---|---|---|
|
At-Fault (Tort) |
38 states + DC |
The driver who caused the crash is financially responsible; you claim against their liability insurance |
|
No-Fault |
12 states (FL, MI, NY, NJ, PA, HI, KY, MA, MN, ND, UT, KS) |
Each driver’s own PIP insurance pays their medical bills regardless of who caused the accident |
Statute of Limitations by State (Selected)
|
State |
Time Limit to File |
Notes |
|---|---|---|
|
California |
2 years |
From date of accident |
|
Texas |
2 years |
From date of accident |
|
New York |
3 years |
From date of accident |
|
Florida |
2 years |
Changed from 4 years in 2023 |
|
Illinois |
2 years |
Personal injury; 5 years for property damage |
|
Pennsylvania |
2 years |
From date of accident |
|
Georgia |
2 years |
From date of accident |
Minimum Insurance Requirements (Most States)
|
Coverage Type |
What It Covers |
Typical Minimum |
|---|---|---|
|
Bodily Injury Liability |
Injuries you cause to others |
$25,000/$50,000 |
|
Property Damage Liability |
Damage you cause to others’ property |
$10,000-$25,000 |
|
Personal Injury Protection (PIP) |
Your own medical bills (no-fault states) |
$10,000-$50,000 |
|
Uninsured Motorist (UM) |
Covers you if hit by uninsured driver |
Varies – often optional |
What You Are Legally Required to Do at an Accident Scene
- Stop immediately – leaving the scene is a criminal offense, even in minor accidents.
- Check for injuries and call 911 if anyone is hurt.
- Exchange information: name, license, insurance, registration with all parties.
- Call police if there are injuries, significant property damage, or any dispute about fault.
- In most states, accidents must be reported to the DMV if damage exceeds $1,000-$2,500.
Comparative vs Contributory Negligence
|
System |
States |
Rule |
|---|---|---|
|
Pure Comparative Negligence |
CA, NY, FL, others |
You can recover damages even if 99% at fault (reduced by your fault %) |
|
Modified Comparative Negligence |
Most states |
You can recover only if less than 50% or 51% at fault |
|
Pure Contributory Negligence |
Car accident laws vary significantly by state, but the core obligations are universal: stop, report, exchange information, and cooperate with authorities. Knowing your state’s fault system before an accident happens gives you a huge advantage when it matters most.
