Understanding the Statute of Limitations for Car Accident Claims

you must file a car crash lawsuit within the statute of limitations

Car accidents can lead to a host of challenges for victims, including physical injuries, emotional distress, and financial strain. Amidst these challenges, it’s essential to be aware of the deadline to begin a car accident lawsuit. This timeframe is known as the Statute of Limitations. If you’ve been hurt in a crash in Georgia, don’t wait to contact the Weinstein Firm.

The Statute of Limitations in Georgia for Car Accidents

The Statute of Limitations is a law that sets a deadline to initiate a lawsuit. The deadlines vary based on the type of harm suffered or the nature of the case.

In the state of Georgia, the Statute of Limitations for civil cases such as car accidents, wrongful death, and other personal injury claims is generally two years from the date of the injury or death.

This means that victims must initiate a lawsuit against the party at fault within two years of the accident. Failing to file a claim with the court by the statute of limitations date results in losing your chance to sue.

Exceptions to the Rule

While the typical timeframe for initiating a car accident lawsuit in Georgia is two years, there are certain exceptions that can either extend or shorten this deadline.

Legal Incompetence at the Time of the Accident 

If a victim is incapacitated or disabled at the time of the accident, the statute of limitations doesn’t start until they regain legal competence. This is based on the understanding that a person who is legally incompetent cannot be expected to initiate a lawsuit.

The clock starts ticking from the date they are no longer legally incompetent.

Victim Is a Minor

Minors also have an extended deadline to file claims. They usually have two years after their eighteenth birthday to initiate a lawsuit. This is because minors are generally not considered capable of initiating a lawsuit.

Once they reach the age of majority (18 years), they have the standard two-year period to file a lawsuit.

Disability Post-Accident 

If the victim becomes disabled due to the accident, this pauses the Georgia car accident statute of limitations until the disability subsides. The disability may, but does not have to, relate to the auto collision.

Fraud

If the defendant committed fraud that prevented the plaintiff from discovering their injury, the statute of limitations may be extended.

Pending, Related Criminal Prosecution 

If there is a related criminal prosecution underway, the statute of limitations may be paused until the criminal case is resolved.

do not miss the deadline for filing a car accident lawsuit

Property Damage Actions Involving the State or County 

If the car accident claim involves property damage and the state or county is a party, different rules may apply.

Actions Involving a City or Municipality 

If the car accident claim involves a city or municipality, different rules may apply.

The Need for Prompt Action

Even though two years might seem like ample time, it’s crucial to act swiftly. The process of gathering evidence and preparing a case can be time-consuming. Furthermore, insurance companies mandate that you make a claim or at least notify the insurer “promptly” or “within a reasonable time” after the accident.

Compensation for Car Accidents in Georgia

Georgia law permits compensation for both economic and non-economic damages in car accident cases. Economic damages encompass medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

Insurance Laws for Car Accidents in Georgia

Georgia law mandates drivers to have liability insurance. The minimum limits of liability insurance under Georgia’s insurance laws are as follows:

  • Bodily injury liability: $25,000 per person and $50,000 per accident.
  • Property damage liability: $25,000 per accident.

The Process of Filing Car Accident Claims in Georgia

Filing a car accident claim in Georgia involves several steps.

  1. Reporting the Accident: Georgia law requires parties to report an accident immediately to local law enforcement if there is an injury or death, or if there is property damage greater than $500.
  2. Gathering Evidence: This includes taking photos of the accident scene and obtaining a copy of the Georgia Motor Vehicle Accident Report from the law enforcement agency that investigated the wreck.
  3. Contacting Your Insurer: You should get in touch with your insurer as soon as possible after the accident.
  4. Speaking with an Insurance Adjuster: An adjuster will investigate the accident, assess the damage, and determine how much the insurance company should pay.
  5. Negotiating a Settlement: An Atlanta car accident lawyer can negotiate for the best possible settlement.
  6. Filing a Lawsuit if Necessary: Most accident cases settle, but your attorney will represent you in court if needed.

Being aware of the Statute of Limitations for car accident claims in Georgia is vital for victims. You should reach out to the Weinstein Firm as soon as possible to ensure you meet the deadlines.

Contact our office at 770-HELP-NOW for a free case review. Remember, the clock starts ticking from the date of the accident, so it’s crucial to act swiftly and safeguard your rights.

Latest Posts

How to Navigate Legal Action after a Bicycle Accident
Are You Always at Fault if You Hit Someone from Behind?
Can You File a Police Report Days After an Auto Accident in Georgia?
The Importance of the Police Report in a Car Accident Claim
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Memorial Day weekend Georgia drownings, car accidents  11Alive.com WXIA [...]

Victims of Sunday's multi-vehicle crash on I-75 in Bartow County identified  FOX 5 Atlanta [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

4 dead, 5 injured after multi-vehicle crash on I-75 in Bartow County  11Alive.com WXIA [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 men found dead a half-mile apart along Candler Road, Rainbow Drive  FOX 5 Atlanta [...]

Child, 3 Adults Dead In Fiery GA Wrong-Way Crash Identified: GSP  Patch [...]

Crash at notorious Decatur intersection sends three to the hospital  Decaturish.com [...]

Car crashes into Decatur home's living room; intersection called dangerous  Herald & Review [...]

Construction accident claims life of Watkinsville company employee  Online Athens [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Athens man killed in vehicle vs pedestrian accident on Commerce Road  WGAU [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Miracle Trudestiny Morrow killed in Birmingham crash  The Legal Advocate [...]

3 dead after driver flees from GA police, crashes vehicle as car goes up in flames  WSB Atlanta [...]

Clayton County: Stolen ambulance chase leads to crash near Tara Boulevard, Dixon Road  FOX 5 Atlanta [...]

GDOT: I75 crash in Clayton County; lanes blocked  11Alive.com WXIA [...]

Four killed after wrong-way driver crashes into car on Morrow County highway  NBC4 WCMH-TV [...]

Drivers Allegedly Racing to Car Meet Wreck Each Other in 8-Car Pileup  The Drive [...]

8 Sports Cars Allegedly Racing Each Other Pile Up In Georgia Highway Crash  CarScoops [...]

Community stunned after 4 dead, 6 injured in I-75 crash in Bartow County  Atlanta News First [...]

Bartow County crash: Kennesaw State University student killed  11Alive.com WXIA [...]

5 killed in Bartow County I-75 crash identified: coroner  11Alive.com WXIA [...]

One dead after crash in Atlanta, police say  11Alive.com WXIA [...]

Woman killed in Henry wreck that shut down I-75 South for hours   The Atlanta Journal Constitution [...]

Driver in deadly Peachtree Corners high-speed crash charged with murder  FOX 5 Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Lawmakers consider banning speed cameras in Ga., one metro Atlanta county fights to keep them  WSB Atlanta [...]

Best Cheap Car Insurance Rates in Georgia (as low as $42/mo)  ValuePenguin [...]

2 killed in motorcycle crash on I-20 in Rockdale County  WSB Atlanta [...]

2 killed in Rockdale County multi-vehicle crash, sheriff’s office says  Atlanta News First [...]

I285 DeKalb Co, crash; all lanes closed: GDOT  11Alive.com WXIA [...]

I-20 deadly crash in Conyers, GSP says  11Alive.com WXIA [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation
Weinstein law firm logo
Injured in an Accident? You Want the Best!

When it comes to personal injury cases, time isn't always on your side. Contact us today and see why all of our clients say Weinstein Wins!

Let us fight for your rights and get you the maximum compensation you deserve!