Time can pass quickly after a car crash. Between medical appointments, vehicle repairs, and trying to get back into your routine, it’s easy to lose track of how long it has been since the collision. But Georgia law sets a statute of limitations car accident victims must follow, giving only a limited window to take legal action.
Waiting too long can mean losing your right to recover anything at all.
The statute of limitations car accident rule in Georgia sets a strict deadline for filing a lawsuit. In most cases, you have two years from the date of the crash. That timeline isn’t flexible, and missing it can mean walking away with nothing, no matter how strong your case may be.
The Basic Rule: Two Years from the Date of the Crash
Under Georgia law, injured drivers, passengers, cyclists, or pedestrians have two years from the date of the crash to file a lawsuit for personal injury. This law sets the official statute of limitations on car accident cases across the state.
The countdown starts on the day of the crash, even if you’re still recovering, dealing with repairs, or waiting on an insurance response.
What Happens If You Miss the Deadline?
Missing the statute of limitations for a car accident in Georgia usually ends the case before it starts. The court will not hear a case filed even a few days late, and insurance companies know the clock just as well as lawyers do. Once the two-year deadline passes, they lose any reason to negotiate or offer a settlement.
Waiting until month 23 to find a lawyer or gather evidence can leave almost no time to build your case. Witnesses forget details. Cars get repaired. Photos disappear. A police report may not tell the full story, and the officer who wrote it may no longer recall what happened.
Starting earlier gives your lawyer time to investigate, secure expert input if needed, and anticipate challenges before they become problems. It also protects your right to recover compensation while your case is still strong.
Are There Any Exceptions?
Yes, but they are rare and not always easy to use. A few situations may extend the deadline, including the following.
1. The Injured Person Was a Minor
If a child is injured in a car crash, the clock doesn’t start right away. Instead, the two-year period usually begins on the child’s 18th birthday. This gives families more time to evaluate the long-term effects of an injury before filing suit.
Still, waiting until a child turns 18 can make it harder to gather reliable evidence. Witnesses may move, records may be lost, and memories may fade. Many families choose to file sooner with a parent or guardian acting on the child’s behalf.
2. The Injury Wasn’t Discovered Immediately
Georgia law sometimes allows a delay in starting the clock when the injury couldn’t have been discovered right away. This is called the discovery rule, and it may apply in rare cases involving delayed symptoms.
But courts apply this exception carefully. In most car accident cases, the harm is known shortly after the crash. For example, if you went to the ER or saw a doctor within days, the clock almost always starts then.
3. The At-Fault Driver Left the State
If the person responsible for the crash moves out of Georgia after the accident, the time they are gone might not count against the two-year window. But this only helps in certain situations, and it doesn’t stop other parts of the claim process from moving forward.
To apply this exception, you would need evidence showing when and where the person left the state and how that affected your ability to file. Courts look closely at the details before allowing a longer timeline.
Examples of How the Deadline Works
Here are a few general examples to show how the law plays out in real life:
- A rideshare passenger suffers a neck injury in a crash on Scenic Highway. They go to urgent care that evening. Their two-year window to file begins that same day.
- A teenager biking near Grayson Highway gets hit by a distracted driver. Because the injured person is a minor, the two-year deadline begins when they turn 18.
- A driver rear-ended on Sugarloaf Parkway moves out of state for work and delays treatment. The discovery rule might not apply unless they can show the injury truly wasn’t apparent earlier.
These examples show why it’s important to talk to a personal injury lawyer who can examine the details of your case and help you act within the deadline.
What Is the Statute of Limitations for a Car Accident Claim Involving Death?
Although this blog focuses on personal injury claims, it’s worth noting that families who lose a loved one in a car accident may also have legal rights. The statute of limitations car accident timeline for wrongful death begins on the date of death, not the date of the crash. So if someone dies from injuries weeks or months later, the two-year countdown starts at that later point.
Still, the rules and procedures are different, and a family in this situation should speak with an attorney quickly to understand what options exist.
Talk to a Georgia Car Crash Attorney Today
No two car accident cases are exactly alike, but they all face the same basic rule: You must file your lawsuit within two years of the crash, or your rights may disappear entirely.
Attorney Alfred Evans III founded Evans Litigation & Trial Law to serve injured people across Georgia. As a former insurance lawyer, he understands how the other side operates and how to protect clients from being overlooked, pressured, or denied what they’re owed.
If you were injured in a crash and have questions about the car accident statute of limitations, a skilled personal injury lawyer can help you understand your options and build a strategy that accounts for both legal deadlines and the realities of recovery.
Call or contact Evans Litigation & Trial Law today for a free consultation.
Alfred L. Evans III, an Atlanta native and Hampden-Sydney College alum, is a seasoned personal injury lawyer with a unique background in insurance defense. Founding Evans Litigation and Trial Law in 2013, he specializes in wrongful death litigation, trucking litigation, and various vehicle accident cases. Recognized as a Super Lawyer and a “Rising Star” by Superlawyers, Alfred applies his in-depth knowledge of the insurance and trucking industries to maximize client recoveries.
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