Understanding the Statute of Limitations for Car Accident Claims in Georgia: Advice from a Lawyer
April 9, 2025 | J.L. King, II
If you’ve been involved in a car accident in Georgia, one of the most important aspects of your claim is understanding the statute of limitations. This factor will determine the time you have to file a lawsuit. Missing this deadline can jeopardize your ability to recover compensation for your injuries and damages.
In this blog post, we’ll explain what the statute of limitations is, why it matters, and the steps you should take to ensure you protect your right to pursue compensation after a car accident in Georgia.
What Is the Statute of Limitations?
The statute of limitations refers to the time limit within which a person must file a lawsuit after an injury or accident. If you fail to file your claim within this period, you could lose your right to seek compensation through legal action.
Each state has its own laws governing the statute of limitations. In Georgia, the statute of limitations for most personal injury cases, including car accidents, is two years from the date of the accident.
Even though the statute of limitations addresses lawsuits, it also is related to any related insurance claims you might have. You must have your insurance claim completely finalized (or file a lawsuit while your claim is still pending) by the time two years are up in order to meet the deadline.
Why Does the Statute of Limitations Matter?
The statute of limitations exists to ensure that cases are brought in a timely manner. This helps ensure evidence remains fresh and witnesses can recall events clearly. It also helps prevent defendants from facing lawsuits indefinitely.
As time passes, it can become more difficult to gather evidence, find witnesses, and properly evaluate the events of an accident. By setting a deadline, the law encourages prompt action and provides certainty for both parties involved in a legal dispute.
For car accident victims, missing the two-year deadline can result in losing the right to pursue a claim. This can leave victims responsible for their medical bills, lost wages, and other significant damages.
What Happens if You Miss the Statute of Limitations in Georgia?
If you fail to file your car accident lawsuit within two years, you may be barred from pursuing your case in court. This means that even if you have a legitimate claim, the court may dismiss it if it is filed after the statute of limitations expires.
In Georgia, insurance companies and defendants will often use the statute of limitations as a defense strategy. They may argue that you have missed the deadline, and this can weaken your position during negotiations or litigation. This is why it’s important to either file a lawsuit or have your insurance claim completed in full before the time limit passes.
Can the Statute of Limitations Be Extended or Tolled?
There are exceptions to the statute of limitations in Georgia. In some cases, the statute of limitations may be extended (or “tolled”). Here are a few examples of situations where the statute of limitations might be tolled in Georgia:
- The Injury Victim is a Minor: If the person injured in the car accident is under 18 years old at the time of the accident, the statute of limitations may be tolled until they turn 18. This means the two-year period would start once the individual reaches the age of majority.
- The Victim is Mentally Incapacitated: If the accident victim is mentally incapacitated or legally unable to manage their affairs, the statute of limitations may be tolled until they are restored to mental competency.
- The Defendant is Unavailable: If the person responsible for the accident cannot be located or is actively avoiding service of process, the statute of limitations may be extended. This will allow a fair opportunity for the victim to pursue a claim.
These are just a few examples of scenarios where the time limit may be different. It is important to contact a lawyer as soon as possible after an accident to protect your legal rights.
Contact Our Car Accident Law Firm at The King Firm Car Accident and Personal Injury Lawyers For Help Today
For more information, please contact The King Firm Car Accident and Personal Injury Lawyers at your nearest location to schedule a free case evaluation today.
We have three convenient locations throughout Georgia:
The King Firm Car Accident and Personal Injury Lawyers – Tifton Office
1603 US Hwy 41, Tifton, GA 31794
(229) 386-1376
The King Firm Car Accident and Personal Injury Lawyers – Griffin Office
3317 Fayetteville Rd, Griffin, GA 30223
(404) 567-4546
The King Firm Car Accident and Personal Injury Lawyers – Macon Office
886 Mulberry St, Macon, GA 31201
(478) 292-7272
Or if you would prefer to reach out to us online, please visit our contact us page.
