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770-626-7895Hurt in a car crash? It is your right to hold the at-fault party legally responsible for your damages through a fault-based car accident claim.
These are time-sensitive legal claims. With only limited exceptions, there is a two-year statute of limitations for car crash injury claims in Georgia. A lawsuit must be filed on time, or it cannot be pursued at all. Here, our Athens car accident lawyer explains the key things to know about the statute of limitations in Georgia.
Know the Law: Car Accident Statute of Limitations in Georgia
Car Accident Injury Statute of Limitations in Georgia
Under Georgia law, you generally have two years from the date of the car accident to file a personal injury lawsuit against the at-fault party.
The time limit is set by the Georgia Code § 9-3-33, and it applies to personal injury claims. If you fail to initiate legal action within this two-year window, your claim will almost certainly be barred. In other words, you will be denied an opportunity to seek financial compensation for your injuries. There are few exceptions to this rule that you should be aware of and consult with an attorney before filing a claim.
If the at-fault driver receives a ticket for a violation that caused the crash, such as following too closely, running a red light, or failing to yield, the two-year clock starts when that ticket is resolved, not when the accident happened. This extension cannot exceed six years from the date of the crash.
If the ticket is for something unrelated to the collision, like an expired tag or no seatbelt, the standard two-year limit still applies.
Car Accident Property Damage Statute of Limitations in Georgia
For property damage claims, most notably for damage to your vehicle, a different deadline applies. Georgia Code § 9-3-31 establishes a four-year statute of limitations for actions to recover damage to property. Of course, a property damage claim for a car accident is often pursued at the same time as a personal injury claim. For that reason, you should not wait to act if you are hurt in a crash. Bring your property damage claim with your personal injury claim.
An Overview of the Exceptions to the Statute of Limitations (They are Narrow)
While the standard statute of limitations for filing a personal injury claim after a car accident in Georgia is two years, there are limited exceptions that may pause or extend the filing deadline. These exceptions are narrowly construed. You should never rely on one unless it is necessary. It is always better to file a claim well before the statute of limitations expires. Here is an overview of the most common exceptions to the car accident injury statute of limitations in Georgia:
- Minor Victim: If the injured party is under the age of 18, the statute of limitations will be tolled (paused). Under O.C.G.A. § 9-3-90, the two-year clock does not begin to run until the victim reaches the age of majority. In other words, a child car accident victim may have until their 20th birthday to bring a claim.
- Defendant Leaves the State: If the at-fault party leaves the state of Georgia after the accident and before a lawsuit can be filed, the statute of limitations may be tolled for the duration of their absence. Georgia suspends the limitation period during the time the defendant is out of state and not subject to the state’s legal jurisdiction.
- Fraudulent Concealment: If the defendant actively conceals their liability or identity in a way that prevents the injured person from discovering their right to file a claim, the statute of limitations may also be tolled. It is a narrow exception, and Georgia courts require clear evidence of deception or fraud for this exception to apply.
Note: There is no exception to the statute of limitations for car accidents based on the “discovery rule” in Georgia. While many other states allow for such an exception, the statute of limitations in Georgia begins to run on the date of the injury, not the date the injury was discovered.
Why a Proactive Approach is the Best Approach in an Athens Car Accident Injury Claim
If you have been hurt in a car accident in Athens, waiting is a mistake. It could cost you everything that you could otherwise recover in a personal injury claim. The two-year statute of limitations may seem like plenty of time to take legal action, but things can move quickly. You do not want to fall behind the defense in the claims process. Indeed, the insurance company is already moving. Their adjusters are gathering evidence, talking to witnesses, and building a case to pay you as little as possible. You need to act just as fast. A proactive approach puts you in control. A top-rated Athens car accident lawyer can help by investigating the crash, gathering evidence, documenting your injuries, and developing a real plan of action to get justice and the maximum compensation.
Do Not Agree to Settle Your Car Accident Injury Case for Less
In Georgia, car accident victims have the right to seek compensation for the full value of their damages, including both economic losses and non-economic losses. The sooner you take action after a car wreck, the better positioned you will be to seek compensation for the full extent of your damages. Unfortunately, you cannot rely on insurance companies to look out for your best interests.
They fight hard to pay out as little as possible in settlement negotiations. Our Athens, GA auto accident lawyers can help. Along with other damages, we will help you seek compensation for:
- Property loss, including vehicle repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of earning power;
- Pain and suffering, and mental distress;
- Disability, scarring, or permanent impairment; and
- The wrongful death of a family member.
Why Trust Our Athens Car Accident Lawyer at The Larrison Law Firm?
Hurt in a motor vehicle crash? You may have a lot of questions about your rights and your responsibilities, including the deadline to take legal action. A proactive approach is the best approach. At The Larrison Law Firm, we are standing by, ready to fight for justice for car accident victims and their families. With millions secured on behalf of clients, our case results tell the story best. Contact us at our Athens law office now for a free consultation with a top Georgia attorney.
Car Accident Statute of Limitations in Georgia: Frequently Asked Questions (FAQs)
How long do I have to file a car accident injury claim in Georgia?
You have two years from the date of the crash to file a personal injury lawsuit in Georgia. If you miss this deadline, the court will likely dismiss your claim, no matter the strength of your case. Be proactive: Speak to an Athens car accident lawyer right away.
Does the statute of limitations apply differently for vehicle damage?
Yes. Georgia law gives you four years to file a lawsuit for damage to your vehicle. While there is no reason to wait to get started with your claim, you have an additional two years to pursue financial compensation for property damage.
Does a car accident injury case need to be fully resolved within two years?
No. The statute of limitations only controls when you file, not when the case must conclude. As long as you file your lawsuit before the deadline, your case can proceed through settlement negotiations, discovery, or even trial after the two years have passed. The statute of limitations is a filing deadline.
Contact Our Athens Auto Accident Attorney Today
At The Larrison Law Firm, our Athens automobile accident lawyer is a skilled, experienced advocate. If you have any questions about the statute of limitations for a car accident case, we can help. Call us now or contact us online to set up your free case review. We fight for justice for car accident victims throughout the region in Georgia from our offices in Athens and Loganville.
