Statute text from the Oklahoma State Courts Network (oscn.net), checked November 9, 2026. This is general information, not legal advice, and it cannot tell you the deadline in your case. Only an Oklahoma attorney can confirm the date that applies to you.
The main Oklahoma deadlines at a glance
| Situation | Usual time limit | Where it comes from | Why you might ask an attorney |
|---|---|---|---|
| Injury to a person that does not arise from a contract | 2 years after the cause of action accrued | 12 O.S. § 95(A)(3) ("an action for injury to the rights of another, not arising on contract") [1] | The statute does not say "car accident"; accrual date and exceptions |
| Damage to personal property (your vehicle) | 2 years after the cause of action accrued | 12 O.S. § 95(A)(3) ("an action for taking, detaining, or injuring personal property") [1] | Whether a claim is "injury" or "property" |
| Wrongful death | 2 years | 12 O.S. § 1053(A) | Which date the two years run from; who may bring the action |
| Crash involving the state or a "political subdivision" (a city, county, school district or similar) | Written claim within 1 year of the loss; then suit within 180 days after the claim is denied | Governmental Tort Claims Act, 51 O.S. §§ 156(B), 157(B) | Notice contents, where to file, and exceptions |
| Injured person under a "legal disability" when the claim accrued | 1 year after the disability is removed (special rules for medical malpractice) | 12 O.S. § 96 | Whether the disability rules apply, for example to a child |
| First case ended for a reason other than the merits | New action within 1 year after the failure | 12 O.S. § 100 | Whether the first case qualifies |
| Your own insurance company (uninsured motorist or other coverage) | Set by your policy and contract law, which is not the same as the court deadline above | Your policy | Policies can require quick notice |
The text of the statute
Oklahoma's general limitations statute is 12 O.S. § 95. Its opening words and paragraph 3, exactly as published on oscn.net:
A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: [1]
...
- Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; [1]
The statute does not define "accrued." An attorney should confirm the date the clock starts for your situation. The same section gives one year for "libel, slander, assault, battery, malicious prosecution, or false imprisonment" [1] (paragraph 4), which is why the kind of claim matters.
Wrongful death
The wrongful death statute, 12 O.S. § 1053(A), says that when "the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor" [2] and that "The action must be commenced within two (2) years." [2] The section is about who can bring the action and what damages can be claimed; it does not spell out which date the two years count from. We are sorry for the loss that brings a family to this section. Only a licensed Oklahoma attorney can confirm the date that applies to a particular death.
Claims against a city, county or the state
If the other vehicle belonged to, or the other driver worked for, a government body, the Governmental Tort Claims Act may apply (its scope and exemption sections, 51 O.S. §§ 153-155, set which claims it covers and are not summarised here). Its definition of "political subdivision" includes "a municipality" and "a county." [5] Three rules from 51 O.S. § 156 and § 157 stand out:
- One-year notice. "claims against the state or a political subdivision are to be presented within one (1) year of the date the loss occurs. A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs." [3] (§ 156(B))
- Where to file. A claim against the state is filed in writing with the Office of the Risk Management Administrator of the Office of Management and Enterprise Services. A claim against a political subdivision "shall be in writing and filed with the office of the clerk of the governing body." [3] (§ 156(C), (D))
- Then a short suit deadline. A suit may not be started until the claim has been denied, and a claim is deemed denied if not approved in full within 90 days; the action must then be "commenced within one hundred eighty (180) days after denial of the claim." [4] (§ 157(A), (B))
For death by wrongful act, § 156(I) lets the personal representative present notice "within one (1) year after the death occurs." [3] Section 156(E) lists what the written notice must say. These notice rules differ from the two-year court deadline above, which is why a claim involving a public vehicle can be lost early.
Counting the days
A common way to count is to start from the crash date and arrive at the same calendar date in a later year. Because an attorney must confirm the accrual date and which rule applies, treat any count as a reminder and not as a calculation.
| Crash date | |
| Same date, 2 years later (injury, vehicle damage, wrongful death) | |
| Same date, 1 year later (written claim if a government body may be involved) | |
| Date I spoke with an attorney |
Special situations
- Legal disability. Section 96 says a person under "any legal disability" [6] when the cause of action accrued may bring the action "within one (1) year after such disability shall be removed," [6] with separate time rules for medical malpractice claims by minors and incompetent persons. Whether and how it applies to a child hurt in a crash is a question for an attorney.
- A case that is dismissed without a decision on the merits. Section 100 allows a new action "within one (1) year after the reversal or failure" [7] in some situations, even if the normal time has expired.
- Property damage. Vehicle damage falls under the same two-year paragraph quoted above. A claim with your own insurer also has policy deadlines.
- Intentional acts. Paragraph 4 of § 95(A) has a one-year period for assault and battery. Which paragraph a claim falls under depends on the facts.
What only an attorney can tell you
We cannot tell you whether your claim is still timely, whether an exception applies, or when your clock started. Those depend on facts and on the current law. Only a licensed Oklahoma attorney can confirm the date that applies to you.
Sources
- 12 O.S. § 95, limitation of actions (Oklahoma State Courts Network) (checked November 9, 2026)Official source“an action for injury to the rights of another, not arising on contract”“an action for taking, detaining, or injuring personal property”“Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards”“Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud”“libel, slander, assault, battery, malicious prosecution, or false imprisonment”“an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated”
- 12 O.S. § 1053, wrongful death, limitation of actions (Oklahoma State Courts Network) (checked November 9, 2026)Official source“the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor”“The action must be commenced within two (2) years”“must be commenced within two (2) years”
- 51 O.S. § 156, claims, notice, limitation (Oklahoma State Courts Network) (checked November 9, 2026)Official source“claims against the state or a political subdivision are to be presented within one (1) year of the date the loss occurs. A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs”“shall be in writing and filed with the office of the clerk of the governing body”“within one (1) year after the death occurs”“A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs”“with the office of the clerk of the governing body”“Except as provided in subsection H”
- 51 O.S. § 157, approval or denial of claim (Oklahoma State Courts Network) (checked November 9, 2026)Official source“commenced within one hundred eighty (180) days after denial of the claim”“within one hundred eighty (180) days after denial of the claim”
- 51 O.S. § 152, Governmental Tort Claims Act definitions (Oklahoma State Courts Network) (checked November 9, 2026)Official source“means: a. a municipality, b. a school district, including”
- 12 O.S. § 96, person under legal disability (Oklahoma State Courts Network) (checked November 9, 2026)Official source“any legal disability”“within one (1) year after such disability shall be removed”“under any legal disability”“entitled to bring such action within one (1) year after such disability shall be removed”
- 12 O.S. § 100, new action after failure otherwise than on the merits (Oklahoma State Courts Network) (checked November 9, 2026)Official source“within one (1) year after the reversal or failure”
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 Oklahoma?
Generally two years. Section 95(A)(3) of Title 12 covers "an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated" [1] and "an action for taking, detaining, or injuring personal property," [1] and gives two years after the cause of action accrued. The statute does not say "car accident" or define "accrued," so an attorney should confirm the date that applies to you. A wrongful death action "must be commenced within two (2) years" [2] (12 O.S. § 1053(A)).
What if a city or county vehicle was involved?
The Governmental Tort Claims Act has its own rules. A claim must be presented in writing within one year of the date the loss occurs: "A claim against the state or a political subdivision shall be forever barred unless notice thereof is presented within one (1) year after the loss occurs." [3] A claim against the state is filed with the Office of the Risk Management Administrator of the Office of Management and Enterprise Services; a claim against a political subdivision is filed "with the office of the clerk of the governing body." [3] A suit may not start until the claim is denied (it is deemed denied if not approved in full within 90 days) and must then be commenced "within one hundred eighty (180) days after denial of the claim" [4] (51 O.S. §§ 156 and 157). Section 156(B) opens with "Except as provided in subsection H," [3] which this page does not summarise. Only a licensed Oklahoma attorney can confirm which rules apply to a claim against a public body.
Does a traffic ticket extend the time?
The statutes on this page do not say that a traffic ticket extends the deadline. Only a licensed Oklahoma attorney can confirm how a ticket affects your date.
Is the deadline different for children?
Section 96 covers a person who is "under any legal disability" [6] when the cause of action accrued: such a person is "entitled to bring such action within one (1) year after such disability shall be removed," [6] with separate rules for medical malpractice claims by minors and adjudged incompetents. The section does not define "legal disability" or say whether minority counts, so ask an attorney how it applies to a child hurt in a crash.
Can I read the statute myself?
Yes. Each section is on the Oklahoma State Courts Network (oscn.net); the links are in the Sources box on this page.
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