Understanding Time Limits After a Georgia Car Accident

The Short Answer: Two Years for Most Car Accident Injury Claims

In Georgia, the statute of limitations for a car accident injury claim is generally two years from the date of the crash. That deadline comes from O.C.G.A. § 9-3-33, which says injury actions “shall be brought within two years after the right of action accrues.”

This two-year rule covers most injury claims from car, truck, motorcycle, pedestrian, and rideshare crashes. A lawsuit filed after the deadline can be barred. That can happen even when the facts strongly support the injured person. The deadline keeps running whether or not the case is strong.

This page explains how the clock is counted and the exceptions that can change the date. It also shows how insurance timelines differ from the court deadline. For more on rideshare claims, read our rideshare accident guide.

How the Two-Year Clock Is Counted

The clock generally starts on the date of injury, which is usually the date of the crash. The statute measures from when the right of action “accrues,” so the start date is tied to the injury.

Many people assume the clock waits for something. It usually doesn’t.

Here is a simple way to count. If the crash happened on March 10, 2027, the two-year date is March 10, 2029.

Some injuries show up days or weeks later. Write down the exact crash date and time, the location, and the date symptoms first appeared. Keep a simple calendar entry for the two-year date as soon as you know the crash date.

Property Damage Claim Deadlines

The two-year clock applies to injuries to the person. Deadlines can differ depending on the type of claim and the parties involved.

Property damage often moves through an insurance company first. Policy rules for reporting a loss can be much shorter than four years. If your car was a total loss, keep the valuation letter and tow records with their dates.

Exceptions That Can Extend or Shorten the Deadline

Some situations change the date. Each one turns on specific facts, so none should be assumed to apply to your case.

Minors and certain disabilities. Under O.C.G.A. § 9-3-90, except as otherwise provided in Code Section 9-3-33.1, a person under 18 when the claim arises gets the same time after turning 18 that other people get to sue. A similar rule applies to people who were legally incompetent because of intellectual disability or mental illness when the claim arose, and they get the same time after their disability is removed.

The pause lasts until the prosecution is final or otherwise ends, and it cannot exceed six years.

For a city, O.C.G.A. § 36-33-5 requires a written claim to the governing authority within six months. That claim must also state a specific dollar amount of damages sought. For a county, O.C.G.A. § 36-11-1 requires claims within 12 months after they accrue or become payable, though minors or other persons under disabilities get 12 months after the disability is removed. For the state, O.C.G.A. § 50-21-26 requires written notice within 12 months of when the loss was discovered or should have been discovered.

Government notice dates often arrive long before the two-year lawsuit date. People miss them because they assume the two-year rule is the only one that matters.

Rideshare, Wrongful Death, and Catastrophic Injury Cases

For Uber and Lyft crashes, the injury lawsuit deadline is generally the same two years. What often takes longer is sorting out who was driving, whether the app was on, and which insurance applies. Georgia sets insurance requirements for transportation network companies under O.C.G.A. § 33-1-24. That law lets a personal auto insurer exclude coverage while a driver is logged on to the app or giving rides. Georgia law also requires the app company to maintain a primary motor vehicle insurance policy, with minimum coverage amounts that depend on whether the driver is logged on or on a ride, and it attaches conditions. Early attention to these questions protects your calendar.

Catastrophic injuries such as spinal cord injury, traumatic brain injury, amputation, and severe burns often need long recovery. Families in these cases often juggle rehab schedules and paperwork, so writing down the crash date early helps.

Insurance Claim Deadlines Versus the Lawsuit Deadline

How far back can you submit an insurance claim? Insurance policies set their own reporting rules, and those rules are separate from the court filing deadline. Many policies require prompt notice of a crash. Waiting can cause problems even while the lawsuit window is still open.

Report the crash to your own insurer as soon as you can. Tell the other driver’s insurer about your claim too. Under O.C.G.A. § 36-33-5, a person with a claim for money damages against a municipal corporation on account of injuries to person or property must, within six months of the happening of the event on which the claim is predicated, present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, including the specific amount of monetary damages being sought, and the negligence which caused the injury; the statute also provides that the running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part. Under subsection (d), the running of the statute of limitations is suspended while the demand for payment is pending before the governing authority without action on its part.

If an insurer is not resolving an auto claim, Georgia’s Office of the Commissioner of Insurance and Safety Fire describes a process. First contact the insurer. If the issue is still not resolved, file a complaint with the office.

Keep copies of everything. That includes claim letters, emails, recorded statement dates, and notes from phone calls with the date and the name of the person you spoke with. These records help build an accurate timeline later.

Frequently Asked Questions About Car Accident Deadlines in Georgia

Can an insurance company’s delay pause the deadline?

Talk With Our Team About Your Crash Date

If you’re reading this after a crash, you may be dealing with pain, medical visits, bills, and calls from insurers. You may also be researching for a family member who is in that position. That’s a lot to carry, and deadlines are easy to lose in the middle of it.

The most useful next step is to pin down your exact deadline. That means confirming the crash date and whether a city, county, state entity, a minor, or a rideshare company is involved. Each of those can change the dates above.

Our team at Slam Dunk Attorney offers a free, confidential first consultation, with no obligation to continue. You can reach out through our contact page.

Attorney advertising. Peter F. Jaraysi is the responsible lawyer for this page. Slam Dunk Attorney is based in Duluth, Georgia, and contact details are on the contact page. The information here is general. It is not a promise or prediction of any outcome in any case.