Last Updated on March 17, 2021 by Theodore Spaulding
Deadline To File After A Car Accident In Georgia
Why It Is So Important
The deadline to file a lawsuit in Georgia after a car accident is called the statute of limitations. As our Lawrenceville car accident attorneys will discuss in a moment, there are two different claims in an auto accident case, each with their own statute of limitations.
The statute of limitations for your claims after an accident are so important because if you do not get your lawsuit filed by the date of the statute of limitations, you forever lose your rights to pursue the at-fault party(s) for your injuries or property damage.
What Is The Car Accident Statute of Limitations?
As mentioned above, there are two claims in Georgia after a car accident caused by the negligence of another driver: 1). Property damage claim; and 2). Personal injury claim. Each of these has a separate statute of limitations governing when a lawsuit must be filed before forever losing that claim:
Property Damage Claim Deadline
Your claim to receive money for the repair of your vehicle or total loss of the same is called the property damage claim. This claim has a four (4) year statute of limitation calculated from the date of the accident. Therefore, you must file a lawsuit seeking your property damage expenses within four years from the date of the accident or forever lose this claim.
Personal Injury Claim Deadline
Your claim for injuries sustained in the accident is called the personal injury claim. This claim has a two (2) year statute of limitation as well calculated from the date of the accident in most cases. “In most cases” because there are unique situations where the two year statute of limitations is frozen and therefore does not start to run until a much later date. For example, if a minor is injured, his or her statute of limitations does not begin to run until he or she turns 18.
What Must Be Filed
It is very important to remember that what must be filed by the statute of limitations deadline is an actual lawsuit (complaint) in a court of law. Just filing a “claim” with the at-fault driver’s insurance company and/or your insurance company is not the same thing.
Other Car Accident Articles and Blog Posts That May Be Helpful
We hope you found this information helpful to you. If you have additional questions about various aspects of a car accident case in Georgia, please visit our Learning Center or blog for various articles and posts regarding car accident case topics.
For close to 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury disputes, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
As an undergraduate, Mr. Spaulding belonged to the Phi Beta Kappa honors fraternity at the University of Georgia, and he obtained his legal training at the Georgia State College of Law, where he clerked for the Honorable Judge Rowland Barnes of the Fulton County Superior Court. Mr. Spaulding has also worked for the Securities and Exchange Commission’s Atlanta Enforcement Division. Since 2005, he has dedicated his career to helping the injured victims of negligence and their loved ones win justice in Georgia’s personal injury courts.