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  1. Home
  2. /Car Accident
  3. /Car Accident Lawsuit

Car Accident Lawsuit: When You Can Sue and What It Costs

Where a car accident lawsuit goesAs of October 20, 2026

  1. Insurance claimReport the crash and claim against the at-fault driver's insurer.
  2. Demand and offerSend your bills and records, then negotiate the offer.
  3. File the lawsuitIf talks fail, file a complaint before your state's deadline.
  4. Settle or go to trialBoth sides exchange evidence. Few cases reach a verdict.
Get a free case reviewHow long you have to sue

You can sue the driver who caused your crash, as long as you file before your state's deadline, usually two or three years. In a no-fault state, your injury must also pass the state's threshold. Most suits settle: only about one in 71 federal car accident cases is decided at trial.

Jump to your situation

  • I was partly at fault
  • I live in a no-fault state
  • The other driver was uninsured
  • No one was hurt
  • My own insurer won't pay

Can you sue after a car accident?

Yes. You can sue the driver who caused the crash for medical bills, lost pay, vehicle damage and pain and suffering. In the no-fault states below, you can sue for pain and suffering only if your injury passes the state's threshold.

No-fault states and their thresholdsEstimate your car accident claim

In a no-fault state, your own personal injury protection (PIP) pays your medical bills first, and in many states part of your lost pay, no matter who caused the crash. The table shows each state's threshold for suing. Florida, for example, allows pain-and-suffering damages only for a significant and permanent loss of an important bodily function, a permanent injury, significant and permanent scarring or disfigurement, or death (Fla. Stat. § 627.737(2)).

In all other states, you can claim against the at-fault driver from the start. Whether you need a lawsuit depends on the insurer's offer, the evidence on fault and how close your deadline is.

No-fault states: when you can sue for pain and suffering

No-fault states: when you can sue for pain and suffering
StateLawsuit threshold
FloridaVerbal threshold for pain-and-suffering damages: (a) significant and permanent loss of an important bodily function; (b) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; (c) significant and permanent scarring or disfigurement; (d) death. No dollar threshold
HawaiiTort liability is abolished except for: death; significant permanent loss of use of a part or function of the body; permanent and serious disfigurement causing mental or emotional suffering; or PIP benefits incurred equal to or exceeding $5,000
KansasPain-and-suffering damages only if medical treatment has a reasonable value of $2,000 or more, or the injury is permanent disfigurement, a fracture to a weight-bearing bone, a compound, comminuted, displaced or compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of a bodily function, or death
KentuckyPain-and-suffering damages only if medical expense benefits exceed $1,000, or the injury involves permanent disfigurement, a bone fracture, a compound/comminuted/displaced/compressed fracture, loss of a body member, permanent injury within reasonable medical probability, permanent loss of bodily function, or death (KRS 304.39-060(2)(b)). This is a choice no-fault state: any person may reject the tort limitation in writing on a Department of Insurance form filed before the accident (KRS 304.39-060(4)). Whoever rejects keeps full tort rights and liability but cannot collect BRB (KRS 304.39-060(7)-(8)).
MassachusettsPain-and-suffering damages only if reasonable and necessary medical expenses exceed $2,000, or the injury causes death, loss of a body member, permanent and serious disfigurement, loss of sight or hearing (as in c. 152 § 36), or consists of a fracture (M.G.L. c. 231, § 6D)
MichiganNoneconomic loss only for death, serious impairment of body function, or permanent serious disfigurement (MCL 500.3135(1)); suits also allowed for allowable expenses, work loss and survivor's loss beyond PIP limits (3135(3)(c)), and up to $3,000 vehicle damage ('mini-tort', 3135(3)(e))
MinnesotaNoneconomic damages only if medical expenses exceed $4,000 (excluding diagnostic X-rays and rehabilitation), or the injury results in permanent disfigurement, permanent injury, death, or disability for 60 days or more (Minn. Stat. § 65B.51, subd. 3)
New JerseyLimitation-on-lawsuit ('verbal threshold') option, which applies by default if no election is made: noneconomic damages only for death; dismemberment; significant disfigurement or significant scarring; displaced fractures; loss of a fetus; or a permanent injury within a reasonable degree of medical probability, supported by a physician certification (N.J.S.A. 39:6A-8(a)). The no-limitation option is available for a higher premium (39:6A-8(b)).
New YorkNoneconomic loss only for 'serious injury' (Ins. Law § 5104(a)). Under § 5102(d), as amended by L.2026, ch. 58, Part EE, § 1: death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system. The former '90/180-day' category was DELETED in 2026. Economic loss above basic economic loss is also recoverable. New § 5104(d) caps noneconomic loss at $100,000 for at-fault plaintiffs (not barred by CPLR 1411) who were driving uninsured (lapse of 30+ days), were convicted of impaired driving, or were committing a felony.
North DakotaNoneconomic damages only for a 'serious injury': death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or medical expenses in excess of $2,500 (N.D.C.C. § 26.1-41-01(21); exemption in § 26.1-41-08(1)(a))
PennsylvaniaChoice no-fault: only insureds who elect 'limited tort' are barred from noneconomic damages unless the injury is a 'serious injury' = death, serious impairment of body function or permanent serious disfigurement (75 Pa.C.S. §§ 1702, 1705(d)); no dollar threshold. Full-tort electors keep all rights; failure to elect on renewal notices presumes full tort (§ 1705(a)). Exceptions incl. at-fault driver DUI, out-of-state vehicle, uninsured (§ 1705(d)(1)).
UtahGeneral damages only if: death; dismemberment; permanent disability or permanent impairment based upon objective findings; permanent disfigurement; a bone fracture; or medical expenses in excess of $3,000 (Utah Code § 31A-22-309(1)(a), current version eff. May 6, 2026)

From the state statutes, checked October 2026. PIP amounts and sources for each state

When should you sue instead of settling with insurance?

Consider suing when the insurer denies its driver was at fault, offers less than your documented losses, or stops responding, and before your deadline runs out. Filing does not end negotiations; most lawsuits still settle.

What happens if you reject an offerIs the offer too low?

Signs that a lawsuit may be the next step:

  • The insurer disputes fault or denies the claim.
  • The offer does not cover your medical bills and lost pay.
  • Your deadline to sue is only months away.

Suing has a price. It takes longer, and the lawyer's share can rise once the case is in court. In Florida, the presumed maximum contingency fee is 33 1/3% of a recovery up to $1 million before the defendant answers, and 40% after (Rule 4-1.5(f)(4)(B)).

Federal car accident claims paid more after a lawsuit was filed (see how much lawsuits pay). Part of that gap is selection: cases with serious injuries and disputed fault are the ones that end up in court.

How long do you have to file a car accident lawsuit?

Usually two or three years from the crash, depending on your state. Tennessee allows one year and Maine six. Claims against a government agency often have an earlier claim deadline, such as 90 days for a New York city or county.

Deadlines by state and claim typeWhat to do after a car accident

Examples from the statutes:

  • California: 2 years for an injury (Code of Civil Procedure § 335.1) and 3 years for property damage.
  • New York: three years for a personal injury (CPLR 214(5)).
  • Tennessee: one year (Tenn. Code § 28-3-104(a)(1)), or two years if the at-fault driver is criminally charged and prosecuted.
  • Maine: 6 years (14 M.R.S. § 752).

Government vehicles add steps. Against the federal government, you must file a written claim with the agency within two years (28 U.S.C. § 2401(b)). You can sue only after a written denial or six months without a final decision, and within six months of a denial. In California, a claim against a public agency is due within 6 months of the injury. In New York, a notice of claim against a city or county is due within 90 days (General Municipal Law § 50-e).

The deadline is for filing the lawsuit, and you will generally lose a case filed too late. Some rules pause it, for example while the injured person is a minor.

Deadline to file a car accident lawsuit, by state

Deadline to file a car accident lawsuit, by state
StateDeadlineLaw
Alabama2 yearsAla. Code § 6-2-38
Alaska2 yearsAS § 09.10.070
Arizona2 yearsA.R.S. § 12-542
Arkansas3 yearsArk. Code § 16-56-105
California2 yearsCCP § 335.1
Colorado3 yearsC.R.S. § 13-80-101(1)(n)
Connecticut2 yearsConn. Gen. Stat. § 52-584
District of Columbia3 yearsD.C. Code § 12-301(8)
Delaware2 years10 Del. C. § 8119
Florida2 yearsFla. Stat. § 95.11(5)(a)
Georgia2 yearsO.C.G.A. § 9-3-33
Hawaii2 yearsHRS § 657-7
Idaho2 yearsIdaho Code § 5-219
Illinois2 years735 ILCS 5/13-202
Indiana2 yearsInd. Code § 34-11-2-4
Iowa2 yearsIowa Code § 614.1(2)
Kansas2 yearsK.S.A. § 60-513
Kentucky2 yearsKRS § 304.39-230(6)
Louisiana2 yearsLa. Civ. Code art. 3493.1
Maine6 years14 M.R.S. § 752
Maryland3 yearsMd. Cts. & Jud. Proc. § 5-101
Massachusetts3 yearsM.G.L. ch. 260, § 2A
Michigan3 yearsMCL § 600.5805
Minnesota6 yearsMinn. Stat. § 541.05
Mississippi3 yearsMiss. Code § 15-1-49
Missouri5 yearsMo. Rev. Stat. § 516.120
Montana3 yearsMont. Code § 27-2-204
Nebraska4 yearsNeb. Rev. Stat. § 25-207
Nevada2 yearsNRS § 11.190
New Hampshire3 yearsRSA § 508:4
New Jersey2 yearsN.J.S.A. § 2A:14-2
New Mexico3 yearsN.M. Stat. § 37-1-8
New York3 yearsCPLR § 214(5)
North Carolina3 yearsN.C. Gen. Stat. § 1-52
North Dakota6 yearsN.D.C.C. § 28-01-16
Ohio2 yearsR.C. § 2305.10
Oklahoma2 years12 Okla. Stat. § 95
Oregon2 yearsORS § 12.110
Pennsylvania2 years42 Pa.C.S. § 5524
Rhode Island3 yearsR.I.G.L. § 9-1-14
South Carolina3 yearsS.C. Code § 15-3-530
South Dakota3 yearsSDCL § 15-2-14
Tennessee1 yearTenn. Code § 28-3-104
Texas2 yearsTex. Civ. Prac. & Rem. Code § 16.003
Utah4 yearsUtah Code § 78B-2-307
Vermont3 years12 V.S.A. § 512
Virginia2 yearsVa. Code § 8.01-243
Washington3 yearsRCW § 4.16.080
West Virginia2 yearsW.Va. Code § 55-2-12
Wisconsin3 yearsWis. Stat. § 893.54
Wyoming4 yearsWyo. Stat. § 1-3-105

Deadlines generally run from the date of the crash; claims against a government agency can have much shorter notice deadlines.

How do car accident lawsuits end?

Mostly in a settlement. Of 58,380 federal car accident injury cases in our data, 53.6% were dismissed as settled, and only about one in 71 was decided at trial.

How long a car accident settlement takes

The real settlement share is likely higher. Many voluntary dismissals follow a private settlement; counted together, up to 69.5% of cases may have settled. Others were dismissed for other reasons, sent back to state court, or decided on a motion before trial.

These are federal cases only. A federal court hears a car accident suit mainly when the two sides are from different states and more than $75,000 is at stake (28 U.S.C. § 1332(a)), or when the United States is the defendant (28 U.S.C. § 1346(b)). Suits in state courts are not in this data.

How 58,380 federal car accident lawsuits ended

How 58,380 federal car accident lawsuits ended
OutcomeShare
Settled53.6%
Dropped by the plaintiff (often after a private settlement)15.9%
Dismissed for other reasons11.9%
Sent back to state court7.1%
Moved to another federal court2.9%
Decided on a motion before trial1.9%
Trial verdict (jury or judge)1.4% (1 in 71)

Federal Judicial Center Integrated Database, cases closed 2015 to mid-2026.

How long does a car accident lawsuit take?

Federal car accident cases ended after a median of 10.1 months. Cases that went to trial took a median of 24.0 months to get there. Settled injury claims against New York City took a median of 30 months from filing.

Settlement timeline in detailHow long after a demand letter

The main stages:

  • Complaint and answer: you file, the driver is served and responds. In federal court, the answer is due within 21 days after service (Federal Rule of Civil Procedure 12(a)).
  • Discovery: both sides exchange records, medical files and sworn testimony.
  • Settlement talks: most cases end here.
  • Trial: only a small share gets this far.

A case can settle at any stage, even on the eve of trial.

How much do car accident lawsuits pay?

In paid federal car accident claims, the median was $5,608 without a lawsuit, $37,000 when settled after a suit was filed and $55,000 after a court judgment. Serious cases get sued more often, so suing explains only part of the gap.

Average car accident settlementCar accident settlement calculator

These are claims paid by the federal government for crashes caused by federal employees, such as drivers of government vehicles. They are public payments, not insurance company payouts, and they include property damage. Lawsuits against the United States are decided by a judge, not a jury (28 U.S.C. § 2402).

Settled injury claims against New York City had a median of $27,500. Across all 60,783 paid car accident claims against the federal government (U.S. Judgment Fund), New York City and Chicago, the median was $5,000.

Large verdicts make headlines, but they are rare. What you keep also depends on the lawyer's fee and case costs.

What claims paid, by how they ended

  • Paid without a lawsuitmedian $5,608Claims against the federal government for crashes with federal vehicles, settled by the agency, 2009–202533,508 payments · 1 in 10 above $20,000
  • Settled after a lawsuit was filedmedian $37,000Federal vehicle cases settled in court and paid from the Judgment Fund, 2016–20252,424 payments · 1 in 10 above $350,000
  • Decided by a court judgmentmedian $55,000Federal vehicle cases that ended in a judgment, 2016–202562 payments
  • New York City injury claimsmedian $27,500Car accident injury claims settled by the city, fiscal years 2016–20191,820 payments · 1 in 10 above $300,000

Lawsuit amounts are higher partly because the most serious injuries are the ones most likely to end up in court — the lawsuit is not the only reason for the larger number.

Can you sue if you were partly at fault?

In most states, yes, but your award shrinks by your share of the fault. Some states bar you at 50% or more, others only above 50%. Five jurisdictions bar recovery for any fault at all.

Fault rules in every state
  • Pure comparative fault: you recover your damages minus your share of fault, even if you were mostly to blame, as in California.
  • Barred at 50%: no recovery if you are 50% or more at fault, as in Georgia (O.C.G.A. § 51-12-33(g)).
  • Barred above 50%: no recovery if you are more than 50% at fault, as in Texas (Civ. Prac. & Rem. Code § 33.001).
  • Contributory negligence: any fault can bar recovery in Alabama, Maryland, North Carolina, Virginia and Washington, D.C.

New York changed its rule for car accident injury suits filed since late May 2026. A claimant who is more at fault than the driver being sued now recovers nothing (CPLR 1411(b)). Other injury cases in New York keep the pure rule, where damages are reduced in proportion to your fault (CPLR 1411(a)).

Because fault decides how much you get, it is often the main dispute in a lawsuit.

Fault rule for car accident lawsuits, by state

Fault rule for car accident lawsuits, by state
StateRule
AlabamaContributory negligence
AlaskaPure comparative fault
ArizonaPure comparative fault
ArkansasModified comparative fault (50% bar)
CaliforniaPure comparative fault
ColoradoModified comparative fault (50% bar)
ConnecticutModified comparative fault (51% bar)
District of ColumbiaContributory negligence
DelawareModified comparative fault (51% bar)
FloridaModified comparative fault (51% bar)
GeorgiaModified comparative fault (50% bar)
HawaiiModified comparative fault (51% bar)
IdahoModified comparative fault (50% bar)
IllinoisModified comparative fault (51% bar)
IndianaModified comparative fault (51% bar)
IowaModified comparative fault (51% bar)
KansasModified comparative fault (50% bar)
KentuckyPure comparative fault
LouisianaModified comparative fault (51% bar)
MaineModified comparative fault (50% bar)
MarylandContributory negligence
MassachusettsModified comparative fault (51% bar)
MichiganModified comparative fault (51% bar)
MinnesotaModified comparative fault (51% bar)
MississippiPure comparative fault
MissouriPure comparative fault
MontanaModified comparative fault (51% bar)
NebraskaModified comparative fault (50% bar)
NevadaModified comparative fault (51% bar)
New HampshireModified comparative fault (51% bar)
New JerseyModified comparative fault (51% bar)
New MexicoPure comparative fault
New YorkModified comparative fault (51% bar)
North CarolinaContributory negligence
North DakotaModified comparative fault (50% bar)
OhioModified comparative fault (51% bar)
OklahomaModified comparative fault (51% bar)
OregonModified comparative fault (51% bar)
PennsylvaniaModified comparative fault (51% bar)
Rhode IslandPure comparative fault
South CarolinaModified comparative fault (51% bar)
South DakotaComparative negligence (slight/gross test)
TennesseeModified comparative fault (50% bar)
TexasModified comparative fault (51% bar)
UtahModified comparative fault (50% bar)
VermontModified comparative fault (51% bar)
VirginiaContributory negligence
WashingtonPure comparative fault
West VirginiaModified comparative fault (51% bar)
WisconsinModified comparative fault (51% bar)
WyomingModified comparative fault (51% bar)

What each rule means, with the statute

Can you sue in a no-fault state?

Yes, once your injury passes the state's threshold. Your own PIP coverage pays your medical bills either way, but below the threshold you cannot sue the other driver for pain and suffering.

All no-fault states comparedCan you sue for pain and suffering?

Thresholds differ by state:

  • Massachusetts: medical expenses over $2,000, or a fracture, loss of a body member, permanent and serious disfigurement, loss of sight or hearing, or death (M.G.L. c. 231, § 6D).
  • Minnesota: medical expenses over $4,000, not counting diagnostic x-rays and rehabilitation, or permanent injury or disfigurement, death, or disability for 60 days or more (Minn. Stat. § 65B.51).
  • New York: a serious injury (Insurance Law § 5104(a)).
  • Michigan: death, serious impairment of body function, or permanent serious disfigurement (MCL 500.3135(1)).

In New York and Michigan, for example, you can still sue for economic losses above your no-fault benefits. Michigan also limits suits over vehicle damage to $3,000 not covered by insurance (MCL 500.3135(3)(e)).

Some states, such as Kentucky and Pennsylvania, let drivers choose. In Pennsylvania, the threshold applies only to drivers who picked limited tort. In Kentucky, you can reject the no-fault limits in writing before a crash.

Can you sue if the other driver has no insurance or not enough?

Yes, you can sue the driver personally, but a judgment is worth only what you can collect. Your own uninsured and underinsured motorist (UM/UIM) coverage is often the more reliable source, and many states require it or include it unless you reject it.

Uninsured motorist claim calculatorHow to file a car accident claim

Winning does not mean getting paid. California's courts tell small claims winners: "The court doesn't collect the money for you."

A UM/UIM claim is a claim against your own insurer, with its own rules. In California, if you and your insurer disagree about whether you are owed UM damages or how much, arbitration decides (Insurance Code § 11580.2(f)). Within two years of the accident, you must sue the uninsured driver, reach an agreement with your insurer, or formally start arbitration (§ 11580.2(i)(1)).

If the at-fault driver's limits are too low, underinsured motorist coverage can pay part of the rest. How it counts what the other insurer already paid depends on your state and your policy.

How much does it cost to sue after a car accident?

Court filing fees run a few hundred dollars: $435 for a California civil case over $35,000 and $405 in federal court. A contingency-fee lawyer is paid a share of what you recover, and some states cap that share.

What a personal injury lawyer costsAre injury settlements taxable?
  • Florida: without court approval, a fee above 33 1/3% of a recovery up to $1 million before the defendant answers, or above 40% after, is presumed excessive (Rule 4-1.5(f)(4)(B)). You can cancel the contract within 3 business days of signing.
  • Michigan: the maximum fee in injury cases is one-third of the amount recovered (MCR 8.121(B)).

Under ABA Model Rule 1.5(c), a contingency agreement must be in writing and signed by you. It must say whether expenses come off before or after the fee is calculated, and which expenses you owe even if you lose. Ask which case costs, such as records, expert reports and depositions, you will pay.

If you can't afford court fees, you can ask the court for a fee waiver. Losing can also cost money: California's courts warn that in some situations you may have to pay the other side's fees and costs.

Can you sue for a car accident without injury?

Yes, for property damage such as repairs or the value of a totaled car. Small claims court is the simpler route: up to $12,500 for individuals in California and up to $10,000 in New York City.

Small claims court guideAverage non-injury car settlement

Limits vary. Texas justice courts hear claims up to $20,000 (Gov't Code § 27.031(a)(1)). In California small claims, you can get a lawyer's advice before court but cannot bring one to court, and the filing fee is $30 to $75, depending on the amount.

The deadline for property damage can differ from the injury deadline. California allows 3 years for property damage and 2 years for an injury.

Can you sue your own insurance company?

Yes. If your insurer refuses to pay a covered claim, such as UM/UIM, PIP or collision, you can sue under the policy. Some states also allow a bad-faith claim, sometimes only after written notice to the insurer.

Insurance bad faith explainedHow to negotiate with adjusters
  • Florida: you can sue an insurer for not attempting in good faith to settle claims when it could and should have (Fla. Stat. § 624.155). First, the state and the insurer must get 60 days' written notice. If the insurer pays or fixes the problem within 60 days, no suit is allowed.
  • Washington: if your claim is unreasonably denied, you can sue, and the court may raise the award to up to three times your actual damages (RCW 48.30.015). You must give the insurer and the insurance commissioner 20 days' written notice.
  • California: uninsured motorist disputes go to arbitration (see the uninsured driver answer above).

Check your policy for arbitration terms and deadlines before you file.

Find Out What Your Case Is Actually Worth

The calculator shows typical ranges — your case is specific. Request a free case review from a licensed personal injury attorney in your state. No obligation, and no fee unless you win.

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Sources

  • Federal Judicial Center, Integrated Database (civil cases)
  • 28 U.S.C. § 2675 (FTCA: claim before suit)
  • 28 U.S.C. § 2401 (FTCA deadlines)
  • 28 U.S.C. § 2402 (no jury against the U.S.)
  • 28 U.S.C. § 1346 (claims against the U.S.)
  • 28 U.S.C. § 1332 (diversity jurisdiction)
  • 28 U.S.C. § 1914 (federal filing fee)
  • U.S. Courts, District Court Miscellaneous Fee Schedule
  • Federal Rule of Civil Procedure 12
  • ABA Model Rule 1.5 (Fees)
  • Rules Regulating The Florida Bar, Chapter 4 (Rule 4-1.5)
  • Michigan Court Rules, Chapter 8 (MCR 8.121)
  • California Statewide Civil Fee Schedule (2026)
  • California Courts: Deadlines to sue
  • California Courts: Suing a government agency
  • California Courts: Civil cases
  • Settlement Insight analysis of 60,783 paid car accident claims (U.S. Treasury Judgment Fund, New York City Comptroller and City of Chicago records), 2009–2026.

About This Information

  • Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology. Reviewed by Leonard Goldberg, Editor · Last updated October 20, 2026
  • $236 billion in real payouts analyzed · See what we found

More Car Accident Guides

Real payout data, deadlines and what to do next.

Car accident guides

  • Average Car Accident Settlement →What 60,783 real claims paid
  • How Long a Settlement Takes →From the crash to the check
  • Car Accident Claim →Filing with your insurer or the other driver's
  • Car Accident Lawyer Fees →What the lawyer takes and what you keep
  • Rental Car After an Accident →Who pays, and when it stops
  • Get a Car Accident Report →Police reports, BuyCrash and state portals
  • Odds of Dying in a Car Accident →Lifetime risk from national data

Calculators and next steps

  • Car Accident Settlement Calculator →Estimate your claim in three steps
  • Pain and Suffering →Multiplier and per-diem methods
  • Am I Being Lowballed? →Check an insurer's first offer
  • Negotiate with Adjusters →Answers to common adjuster tactics
  • No-Fault States →When you can step outside PIP
  • Fault Rules by State →How your share of fault cuts an award
  • Deadlines by State →How long you have to file
  • Uninsured Motorist Claim →When the other driver has too little coverage
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