What Is the Statute of Limitations on a Car Accident in Georgia?

If you have been injured in a car accident in Georgia, you’re likely dealing with medical bills, car repairs, and fielding endless calls from insurance adjusters. The last thing you need is legal confusion and more stress. But here’s the truth: If you wait too long to take action, you could lose your right to compensation. 

Understanding the Statute of Limitations in Georgia

In Georgia, the statute of limitations for filing car accident claims is typically two years from the date of the accident. This indicates that if you intend to initiate a personal injury lawsuit against the responsible driver, you need to submit your case within two years. Otherwise, you could forfeit your legal right to recover damages.

For property damage claims—such as damage to your vehicle—the statute of limitations is slightly longer, at four years from the accident date.

While two years may seem like a long time, evidence can disappear, and witnesses’ memories can fade. That’s why it’s always best to take action as soon as possible.

Exceptions to the Statute of Limitations

Although the two-year deadline typically applies, some important exceptions may extend or shorten the time you have to file a claim.

Minors or Legally Incompetent Individuals

If the injured individual is a minor (under 18) or lacks legal capacity during the accident, the statute of limitations might be paused (or “tolled”) until they reach 18 or recover legal competency.

Wrongful Death Claims

If a car accident leads to a fatality, the family of the deceased can pursue a wrongful death lawsuit. In Georgia, the statute of limitations for such claims is two years, beginning from the date of death, which may fall after the date of the accident.

Claims Against Government Entities

If your accident involves a government vehicle or employee, you typically have much shorter timeframes to initiate legal action than standard personal injury cases. Specifically, if your claim is against a city or county government, you must file an official notice of claim within six months from the date of the incident. This notice should include details about the accident, the involved parties, and the nature of your claims. 

In cases where the claim is against the state government, the deadline is generally extended to one year. However, strict procedural requirements must still be followed, including providing notice to the appropriate government agency. 

Failing to meet these deadlines can result in your case being dismissed, so it’s crucial to act quickly if a government entity is involved.

Taking Action After a Car Accident in Georgia

If you’ve experienced a car accident in Georgia, consider these steps to safeguard your legal rights:

• Seek Medical Attention: Even if you believe you are fine, seeking medical attention is important. Injuries like whiplash may not show symptoms right away. A medical examination ensures your safety and provides valuable evidence later.
• Report the Accident: Always contact the police to report the accident. An official report serves as an objective record that can support your claim. 
• Gather Evidence: Document the accident scene thoroughly. Take photos of vehicle damage, visible injuries, and hazardous conditions. Collect contact information from witnesses, as their accounts can strengthen your case. 
• Consult a Personal Injury Attorney: Hiring a personal injury attorney can help you with your claim. These lawyers can guide you through the legal process, negotiate with insurers, and advocate for the compensation you deserve, allowing you to focus on recovery.

Contact Richard D. Hobbs & Associates Today To Learn More About the Time Limitations Involved

If you or someone you care about has been injured in a car accident in Georgia, don’t postpone seeking legal assistance. Time is of the essence. The sooner you act, the stronger your case will be. Contact Richard D. Hobbs & Associates, P.C., today for a free consultation.