If you’ve been injured in a car accident in Georgia, knowing how long you have to file a lawsuit is critical to protecting your rights. Every state sets a time limit, called a statute of limitations, on how long you have to take legal action after an accident. In Georgia, that timeline is generally two years, but some exceptions can shorten or extend the deadline.
You should contact an Atlanta accident lawyer as soon as possible to preserve evidence and build a strong case. At GMV Law Group, we are dedicated to helping accident victims recover the maximum compensation.
We’ll explain everything you need to know about the car accident statute of limitations in Georgia, including when the clock starts ticking, what happens if you miss the deadline, and how these rules affect your ability to file insurance claims.
What Is the Car Accident Statute of Limitations in Georgia?
The statute of limitations is a state law that sets a deadline for filing a lawsuit. If you don’t file your case within this time, you lose the right to pursue compensation in court, no matter how strong your case may be.
The statute of limitations in Georgia is two years for a personal injury lawsuit or wrongful death case. If the accident only caused property damage, the time limit is four years.
Personal Injury Lawsuits
Under Georgia Code § 9-3-33, accident victims generally have two years after the crash to file a personal injury lawsuit. This applies to injuries like broken bones, spinal cord injuries, traumatic brain injuries, and more. If you wait longer than two years, the court will almost certainly dismiss your case, and you won’t be able to recover damages from the person who caused the accident.
Wrongful Death Lawsuits
If a loved one died as a result of a car accident, the time limit to file a wrongful death lawsuit is also two years, but the clock starts ticking from the date of death, not the date of the accident. Sometimes, this date is the same, but in cases where the victim survives for some time after the crash before passing away, the deadline is calculated from when they died.
Understanding these timelines is critical because waiting too long could cost you the chance to seek justice and compensation. Contacting a knowledgeable Atlanta accident lawyer as soon as possible is essential.
Exceptions to Georgia’s Car Accident Statute of Limitations
Although two years is the standard deadline for filing a lawsuit after a car accident, Georgia law recognizes several exceptions that can either pause (toll) or shorten this period. Here are some of the most important exceptions.
The Victim Is a Minor (Under 18)
If the person injured in the car accident is a minor (under 18 years old), the statute of limitations is paused until they turn 18. This means that the two-year clock does not begin ticking until their 18th birthday. So, if a 16-year-old is injured in a crash, they would typically have until age 20 to file a lawsuit.
However, a parent or guardian may still file a lawsuit on the minor’s behalf before they turn 18, which can be beneficial to ensure that evidence is preserved and witnesses’ memories are fresh.
The Victim Is Mentally Incapacitated
If the injured person is mentally incapacitated — either due to the accident itself or another condition — the statute of limitations may be tolled until they regain capacity. Mental incapacity means the individual cannot understand the nature of the lawsuit or participate meaningfully in the process. Once the person regains mental competence, the two-year clock starts.
The Defendant Leaves the State
If the person who caused the accident leaves Georgia after the crash but before a lawsuit is filed, the time they are out of state does not count toward the two-year limit. This prevents defendants from escaping liability simply by avoiding Georgia courts.
Pending Criminal Investigation
Sometimes, a car accident leads to criminal charges against the at-fault driver — for example, if they were driving under the influence (DUI). If there is an active criminal investigation or prosecution, the time to file a civil lawsuit may be paused until the criminal case is resolved, or up to six years.
Claims Against Government Entities
If the car accident involves a government vehicle or was caused by a government employee, different and shorter time limits apply. In Georgia, before suing a government agency, you must file a notice of claim within six months (for city or county claims) or one year (for state claims). Failing to provide timely notice can completely bar your ability to sue the government.
Because these deadlines are much shorter than the usual two years, you should speak with a car accident attorney immediately if your case involves a government entity.
What Happens If You Miss the Deadline?
If you miss the statute of limitations for your car accident lawsuit, your case will almost certainly be dismissed. The court will refuse to hear your case, and the at-fault driver (or their insurance company) will have no legal obligation to pay you anything, no matter how badly you were hurt or how clear their fault is.
That’s why it’s crucial not to wait to talk to a lawyer. Even if you think two years sounds like a long time, investigations, gathering evidence, and negotiations with insurance companies take time. The sooner you start, the better your chances of success.
Does the Statute of Limitations Apply to Insurance Claims?
It’s important to understand that the car accident statute of limitations applies to lawsuits, not insurance claims. However, insurance claims still have deadlines that you must follow.
Most car insurance policies require you to notify the insurance company “promptly” or “within a reasonable time” after the accident. If you wait too long to notify your insurance company or the at-fault driver’s insurer, they may deny your claim.
Although Georgia law doesn’t set a fixed time limit for filing an insurance claim, acting quickly is always in your best interest. Plus, if settlement talks fail, you must file a lawsuit before the statute of limitations runs out. Filing an insurance claim does not stop or extend the two-year lawsuit deadline.
To sum up:
- Insurance claims should be filed as soon as possible.
- Personal injury lawsuits must be filed within two years (with limited exceptions).
- Filing a claim with an insurer does not pause the lawsuit deadline.
Why You Should Act Quickly
Even if you think you’re far from the two-year limit, the sooner you act, the better. Here’s why:
- Evidence can disappear. Surveillance footage gets erased, and accident scenes change.
- Witness memories fade. The longer you wait, the harder it is to find people who remember the crash details clearly.
- Medical records need to be gathered and reviewed — and sometimes, your injuries worsen over time.
- Insurance companies might use delays against you, arguing that your injuries weren’t serious since you waited to act.
When you hire a skilled Atlanta car accident lawyer soon after the crash, they can start gathering evidence, speaking to witnesses, and negotiating with insurers immediately — giving you the best chance to recover the full compensation you deserve.
How an Atlanta Car Accident Lawyer Can Help Your Case
Dealing with a car accident claim can be overwhelming, especially when you’re trying to recover from injuries, deal with medical bills, and figure out how to get your car repaired. You don’t have to handle it alone. An experienced Atlanta car accident lawyer can take the stress off your shoulders.
Gathering Strong Evidence
To win the compensation you deserve, you need strong evidence that proves who caused the accident and how badly you were hurt. A good lawyer knows exactly what to look for and how to get it. This can include:
- Police reports and accident scene photos
- Surveillance or traffic camera footage
- Statements from witnesses who saw what happened
- Medical records and expert opinions about your injuries
- Proof of lost wages if you missed work because of the accident
Gathering this evidence quickly is crucial because the longer you wait, the harder it can be to find the proof you need.
Negotiating a Settlement
Most car accident cases are settled out of court, but getting a fair deal from the insurance company isn’t always easy. Insurance adjusters are trained to pay as little as possible — and if you don’t know what your case is worth, you might end up with a settlement that doesn’t cover all your medical bills, lost wages, and pain and suffering.
An experienced lawyer knows how to negotiate with insurance companies and fight for a settlement that meets your needs.
Filing a Lawsuit and Representing You in Court
If the insurance company won’t offer a fair settlement, your lawyer can file a lawsuit and take your case to court. They’ll handle all the legal paperwork, meet important deadlines, and represent you. Having a lawyer who knows how to build a strong case and present it in court can make a huge difference.
Talk to an Experienced Atlanta Accident Lawyer Today
Understanding and following the car accident statute of limitations in Georgia is one of the most important parts of protecting your right to compensation after a crash. If you or a loved one were injured in a car accident, don’t let a missed deadline ruin your chances of recovery.
At GMV Law Group, our experienced Atlanta accident lawyers are here to guide you through the entire process — from filing insurance claims to taking your case to court if needed. We’ll keep up with deadlines, handle the paperwork, and fight for the best possible outcome.
Contact us today for a free consultation, and let us help you move forward after a serious car accident.
