Published July 15, 2026 · By Terry W. Posey, Esq.

The General Rule: Two Years From the Date of the Crash

Under Ohio Revised Code § 2305.10, a lawsuit for bodily injury must generally be filed within two years after the cause of action accrues — for a car accident, that almost always means two years from the date of the crash. Property damage claims (your vehicle) carry a two-year limit as well.

Miss the deadline and the result is brutal and simple: the court will dismiss your case, no matter how badly you were hurt or how clearly the other driver was at fault. The insurance company knows this, and once the statute runs, your negotiating leverage drops to zero.

Important Exceptions

Minors. If the injured person is under 18, the two-year clock generally doesn't start running until their 18th birthday. A child hurt in a crash may file until age 20 — though waiting that long is almost never wise, because evidence disappears.

Wrongful death. If a crash takes a life, the family's wrongful death claim generally must be filed within two years of the date of death, which may differ from the date of the crash.

Government defendants. If your crash involved a city vehicle, an RTA bus, or a state employee, special notice rules and different time limits can apply — some much shorter than two years. Get legal advice quickly.

The defendant leaves Ohio. Time when a defendant is out of state or concealed can sometimes pause ("toll") the clock, but you should never count on it.

Insurance Deadlines Are Even Shorter

The statute of limitations governs lawsuits — but your insurance policy has its own, much shorter clocks. Most policies require "prompt" notice of a crash, and uninsured/underinsured motorist claims often have contractual deadlines. Waiting months to report a crash can jeopardize coverage you already paid for.

Why "I Have Two Years" Is the Wrong Way to Think

A strong injury claim is built long before a lawsuit is filed:

  • Skid marks, debris, and vehicle damage need to be photographed before they're gone.
  • Witnesses move and forget.
  • Surveillance and dash-cam footage is routinely overwritten within weeks.
  • Your medical treatment needs to be documented and connected to the crash from day one.

By the time the two-year deadline is close, the case you could have had may no longer be provable. See our checklist: What to Do After a Car Accident in Ohio.

Talk to a Dayton Attorney — Early and Free

If you were hurt in a crash anywhere in the Miami Valley, a free consultation with an experienced Dayton car accident lawyer will tell you exactly what deadline applies to your case and what your claim may be worth. You pay nothing unless we win. Call 937-236-6444.