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Alaska car accident law: deadlines, fault and your claim

Alaska gives you two years to sue after a crash, lets you recover even if you were mostly at fault, and caps damages for pain and suffering.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Alaska you generally have 2 years from the crash to sue for injuries, 2 years for vehicle damage, and 2 years from the date of death for a wrongful death claim. Alaska uses Pure comparative fault. The version of comparative negligence that lets you recover something even if you were mostly at fault, reduced by your share. Glossary: your own share of fault reduces what you can recover but never bars it. Alaska also caps Non-economic damages. Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. Glossary, such as pain and suffering, which can matter in a serious injury case.

Alaska law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury2 yearsAlaska Stat. § 09.10.070(a)(2)
Vehicle or property damage2 yearsAlaska Stat. § 09.10.070(a)(3)
Wrongful death2 yearsfrom the date of deathAlaska Stat. § 09.55.580(a)
Shared faultPure Pure comparative faultAlaska Stat. § 09.17.060

Key facts

Injury lawsuit deadline
2 years
Vehicle damage deadline
2 years
Wrongful death deadline
2 years, from the date of death
Fault rule
Pure comparative: damages reduced by your share, never barred
Notice to a government body
No separate notice-of-claim deadline in the state tort claims law (AS 09.50.250), but some claims are excluded
Minimum liability insurance
$50,000 per person, $100,000 per crash, $25,000 property
Insurance system
At-fault; PIP: Not required
Traffic deaths in Alaska, 2024
70 people
Bar referral line
907-272-0352 (toll free in Alaska 1-800-770-9999)

Filing deadlines in Alaska#

Alaska's Code of Civil Procedure sets a Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 2 years for car-crash lawsuits over injuries and over damage to your vehicle. The clock usually starts on the day of the crash.

ClaimDeadlineLaw
Personal injury2 yearsAlaska Stat. § 09.10.070(a)(2)
Damage to your vehicle or other property2 yearsAlaska Stat. § 09.10.070(a)(3)
Wrongful death2 years from the date of deathAlaska Stat. § 09.55.580(a)

Injured children. Under Alaska Statutes § 09.10.140, time spent as a minor is not counted, but the deadline is not extended more than two years after the person comes of age. A separate rule says that for a child injured before age 8, the time before the eighth birthday is not counted toward the injury deadline. This kind of pause is called Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary, and the details for a particular child are worth checking with a lawyer.

Claims against the state. Alaska lets people sue the state in state court for most tort claims under AS 09.50.250. That statute does not set its own notice-of-claim deadline, but it does exclude some claims, such as those based on a state employee's discretionary decisions. Cities and boroughs may have their own claim procedures, so a licensed Alaska attorney can confirm what applies when a local government vehicle or road is involved.

How fault is shared in Alaska#

Alaska Statutes § 09.17.060 sets a pure comparative fault rule. Your share of fault reduces your damages in proportion, but it does not bar your claim, even if you were more at fault than the other driver.

Because every percentage point changes the result, adjusters still argue about fault in Alaska. Try the fault-rule explainer to see how Alaska compares with other states.

Insurance in Alaska#

Alaska drivers must carry liability insurance of at least $50,000 per person and $100,000 per crash for injuries, plus $25,000 for property damage. Alaska is an at-fault state, so the driver who caused the crash, through their insurer, pays.

  • Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Must be offered in writing; can be rejected by signature. The Insurance Information Institute estimates that 12.5% of Alaska drivers were uninsured in 2023, against 15.4% nationally.
  • Personal injury protection. Not required.
  • Medical payments coverage. Optional. If you bought it, it can pay medical bills whoever caused the crash.

Questions about a policy or a claim on your own insurance can go to the Alaska Division of Insurance at (907) 269-7900; 1-800-467-8725 (in-state outside Anchorage).

After a crash in Alaska#

Under Alaska Statutes § 28.35.080, the driver must immediately notify police of a crash that causes injury, death or apparent property damage of $2,000 or more, and send a written report within 10 days unless a peace officer investigated. The Alaska DMV takes the driver's written report through its online crash report form.

To get a copy of a crash report, request it from the Alaska DMV, using its Request for Crash Report form (form 440) by mail or email. The fee is $10 per report. Only the people in the report and those who qualify under listed exceptions, such as insurers or someone with the person's written consent, can get one. See how a police report is used in a claim for what to check in it.

Special rules in Alaska#

Caps on noneconomic damages. Alaska Statutes § 09.17.010 limits damages for pain, suffering, inconvenience and other noneconomic losses from one injury or death. The cap is $400,000 or $8,000 times the injured person's life expectancy in years, whichever is greater.

For severe permanent physical impairment or severe disfigurement, the cap rises to $1,000,000 or $25,000 times life expectancy, whichever is greater. The cap does not limit economic losses such as medical bills and lost wages.

Crashes on Alaska roads#

IIHS counted 70 motor vehicle crash deaths in Alaska in 2024. That is 9.5 per 100,000 people, compared with 11.5 per 100,000 people for the US as a whole. About 50% of Alaska's crash deaths were speeding-related, and 53% happened on rural roads.

Finding a lawyer in Alaska#

The Alaska Bar Association's Lawyer Referral Service answers at 907-272-0352 (toll free in Alaska 1-800-770-9999). An assistant, who is not a lawyer, takes a short description of the problem and gives the names of up to three lawyers who handle that kind of case. Lawyers in the service charge no more than $125 for the first half hour. Read more about lawyer referral services.

Before you hire anyone, search the Alaska Bar's member directory to confirm the lawyer is a member.

Questions people ask

What is the statute of limitations for a car accident in Alaska?

Generally 2 years from the day of the crash for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Different rules apply to injured children.

Is Alaska a no-fault state?

No. Alaska is an at-fault state, and personal injury protection is not required. The at-fault driver's liability insurance pays for others' losses, up to its limits of at least $50,000 per person.

Can I recover if I was partly at fault in Alaska?

Yes. Under pure comparative fault, your damages are reduced by your share of fault but not barred, even if your share is larger than the other driver's.

Does Alaska cap pain and suffering after a car accident?

Yes. Noneconomic damages are capped at $400,000 or $8,000 times life expectancy, whichever is greater, with a higher cap for severe permanent impairment or disfigurement.

Do I have to report a car accident to the Alaska DMV?

If a crash causes injury, death or at least $2,000 of apparent property damage and no peace officer investigated it, the driver must send a written report within 10 days. Police must be notified right away in all of those cases.

How do I check an Alaska lawyer's license?

Search the Alaska Bar Association's member directory, and check its public discipline search too. For a referral, call the bar's service at 907-272-0352 (toll free in Alaska 1-800-770-9999).

Sources

  1. Alaska Legislature, Alaska Statutes § 09.17.060 (secondary copy) — pure comparative fault
  2. Alaska Division of Motor Vehicles, Forms — crash report forms
  3. Alaska Bar Association, Attorney public discipline search — public discipline records
  4. Alaska Legislature, Alaska Statutes § 09.10.070(a)(2) — as of October 2026
  5. Alaska Legislature, Alaska Statutes § 09.55.580(a) — as of October 2026
  6. Alaska Legislature, Alaska Statutes § 09.50.250 — as of October 2026
  7. Alaska Bar Association, Lawyer Referral Service — as of October 2026
  8. Alaska Legislature, Alaska Statutes § 09.10.140(a) — as of October 2026
  9. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  10. Alaska Legislature, Alaska Statutes § 28.35.080 — as of October 2026
  11. Alaska Division of Motor Vehicles, Request for Crash Report Form (440) — as of October 2026
  12. Alaska Legislature, Alaska Statutes § 09.17.010(b) — as of October 2026
  13. Alaska Bar Association, Member Directories — as of October 2026
  14. Alaska Division of Motor Vehicles, Mandatory Insurance — as of October 2026
  15. Alabama Department of Insurance, State Auto Insurance Laws — as of October 2026
  16. Alaska Division of Insurance, Home page — as of October 2026
  17. IIHS, Fatality Facts 2024: State by state — as of June 2026
  18. Alaska Division of Insurance, Consumer Guide to Automobile Insurance (revised September 2020) — as of September 2020

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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