Statute text read on the official Alabama Legislature site on November 9, 2026 (see Sources). General information, not legal advice. Deadlines have exceptions that depend on the facts; only an attorney can tell you how they apply to your situation. Deadlines differ by state, so use the rule of the state where the crash happened.
The two-year rule
Alabama Code § 6-2-38(l) says: "All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years." [1]
| Type of claim | Deadline | Where it comes from |
|---|---|---|
| Injury to the person (most car-crash injury claims) | 2 years [1] | Ala. Code § 6-2-38(l) |
| Claim that holds an employer ("principal or master") responsible for an employee's driving | 2 years [1] | Ala. Code § 6-2-38(n) |
| Wrongful death (brought by a personal representative) | 2 years from the death [3] | Ala. Code § 6-2-38(a) and § 6-5-410(d) |
Section 6-2-38(n) reads: "All actions commenced to recover damages for injury to the person or property of another wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years." [1]
For wrongful death, § 6-5-410(d) reads: "The action must be commenced within two years from and after the death of the testator or intestate." [3] Section 6-2-38(a) says the same period for a representative's action under §§ 6-5-391 and 6-5-410: "within two years from the death." [1]
When the clock can be paused
Alabama Code § 6-2-8(a) addresses people who are under 19 or "insane" when the right to sue arises. It says that person "shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action." [2] The same subsection adds: "No disability shall extend the period of limitations so as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years from the time the claim or right accrued." [2]
Section 6-2-8(d) also says: "A disability which did not exist when a claim accrued does not suspend the operation of the limitation unless the contrary is expressly provided." [2] Applying these rules to a real case is a legal question.
Claims against a city or town
Different rules apply when the claim is against a city or town in Alabama (for example a city vehicle or a defect in a city street). Two statutes apply, quoted here as written:
- § 11-47-23: "Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred." [4]
- § 11-47-192: "No recovery shall be had against any city or town on a claim for personal injury received, unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death stating substantially the manner in which the injury was received, the day and time and the place where the accident occurred and the damages claimed." [5]
These notice-style deadlines can be much shorter than two years. If a city, county or state vehicle or road may be involved, only a licensed Alabama attorney can confirm which date applies.
What starts the clock?
The statutes above set the length of time. They do not answer every question about when the period begins in unusual cases (injuries that show up later, for instance). That is a question for an attorney.
Why the deadline matters even if you never sue
Insurance adjusters know when the deadline passes. Keep your own dated record of the crash, your treatment and every communication. Our free after-a-crash checklist lists what to gather.
Compare other states
Tennessee generally allows one year (Tennessee deadline guide). See the deadlines by state table. For the Alabama fault rule, see is Alabama a contributory negligence state?
Sources
- Ala. Code § 6-2-38, limitation of actions (Alabama Legislature) (checked November 9, 2026)Official source“All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years”“wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years”“All actions commenced to recover damages for injury to the person or property of another wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years”“must be commenced within two years from the death”
- Ala. Code § 6-2-8, suspension of limitation, disabilities (Alabama Legislature) (checked November 9, 2026)Official source“shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action”“No disability shall extend the period of limitations so as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years from the time the claim or right accrued”“A disability which did not exist when a claim accrued does not suspend the operation of the limitation unless the contrary is expressly provided”“below the age of 19 years, or insane”“after the lapse of 20 years from the time the claim or right accrued”
- Ala. Code § 6-5-410, wrongful act, omission or negligence causing death (Alabama Legislature) (checked November 9, 2026)Official source“The action must be commenced within two years from and after the death of the testator or intestate”“A personal representative may commence an action”
- Ala. Code § 11-47-23, claims against municipalities (Alabama Legislature) (checked November 9, 2026)Official source“Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred”
- Ala. Code § 11-47-192, sworn statement of the injury (Alabama Legislature) (checked November 9, 2026)Official source“No recovery shall be had against any city or town on a claim for personal injury received, unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death stating substantially the manner in which the injury was received, the day and time and the place where the accident occurred and the damages claimed”“unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death”
Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.
Questions
What is the statute of limitations for a car accident in Alabama?
Two years for most personal injury claims. Section 6-2-38(l) covers "All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section" and says they "must be brought within two years." [1]
How long do you have to sue for wrongful death in Alabama?
Two years from the death. The wrongful death statute says the action "must be commenced within two years from and after the death of the testator or intestate." [3] A personal representative brings the action [3].
Does the two-year deadline apply to property damage?
This page covers claims for injury to the person, which fall under § 6-2-38. Property damage and other claims fall under other sections of Chapter 2 of Title 6 of the Alabama Code, and a licensed Alabama attorney can tell you the period for a particular claim.
Is the deadline different for children?
Possibly. Section 6-2-8(a) covers a person who is "below the age of 19 years, or insane" when the right to sue arises: that person "shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action." [2] [2] The same subsection sets an outer limit: no disability extends the period past "20 years from the time the claim or right accrued." [2] An attorney can tell you how this applies to a real case.
Is the deadline different if a city is involved?
Yes, it can be much shorter. For a tort claim against a municipality, § 11-47-23 says "Claims for damages growing out of torts shall be presented within six months from the accrual thereof or shall be barred," [4] and § 11-47-192 says no recovery against a city or town on a personal injury claim unless a sworn statement is filed with the clerk [5]. How courts apply these rules is not explained here; only a licensed Alabama attorney can confirm which date applies to a claim against a city.
Keep reading
- State reference
Is Alabama a contributory negligence state?
Yes. Alabama follows contributory negligence, which its supreme court calls a complete defense. What two opinions say and how it differs from Tennessee.
Open - City guide
What to do after a car accident in Birmingham, AL
Steps after a Birmingham, Alabama crash: who to call, Alabama reporting duties, how to get your report, and the deadlines and fault rule that affect timing.
Open - Reference
Car accident injury deadlines: Tennessee, Alabama, Georgia, Mississippi, Oklahoma and South Carolina
Filing deadlines for car accident injury claims in Tennessee, Alabama, Georgia, Mississippi, Oklahoma and South Carolina, with statute citations. More states coming. Nov 2026.
Open - State reference
How long do you have to file after a car accident in Tennessee?
Tennessee gives one year for most injury claims after a crash. See each deadline, the statute text, exceptions and a Memphis court ruling. Checked Nov 2026.
Open - Free download
Your first-hour checklist, ready to print.
A one-page printable first-hour checklist for after a crash: safety, police, photos, doctor, insurer. Free PDF, no sign-up.
Open