How Long Do I Have to File a Car Accident Claim in Arizona?

In Arizona, you typically have two years from the car accident date to file a personal injury lawsuit against the at-fault driver. Missing this deadline can mean losing your right to pursue compensation. Observing this time limit is essential for protecting your legal options after an accident.

Arizona’s general statute of limitations allows two years from the date of an accident for the injured person to file a lawsuit against the at-fault party seeking compensation for their injuries. If you file suit outside of this time frame, the court will likely dismiss your case without a hearing, preventing you from recovering money for your injuries in court.

At Mushkatel, Gobbato & Kile, P.L.L.C., our team has over 50 years of combined experience helping Arizona residents navigate personal injury claims. A Sun City car accident lawyer from our firm can explain your rights and guide you through the process of filing a claim or a lawsuit to pursue the compensation you need before the statutory deadline passes.

Are There Any Exceptions That Could Extend the Statute of Limitations?

A two-year statutory period is generally how long you have to file a car accident claim. While this is the rule, some exceptions could extend the deadline:

• Discovery rule — If you didn’t immediately realize the full extent of your injuries or the symptoms developed over time, the statute of limitations may start when you discover or should have discovered the injury rather than on the date of the accident.
• Minors — If the injured person is under 18, the statutory period is typically tolled or paused until they turn 18. This means a minor injured in a car accident would have until their 20th birthday to file a lawsuit.
• Incapacitation — If the person injured in the accident is mentally incapacitated and unable to file a claim, the statute of limitations may be paused until they can do so.

These exceptions are critical, as they can change the time frame within which you must file a lawsuit. Consulting a car accident lawyer from Mushkatel, Gobbato & Kile, P.L.L.C., can help clarify whether and how these exceptions apply to your case.

Is Arizona’s Statute of Limitations Different If the Claim Is Against the Government?

The statute of limitations allows a significantly shorter period for filing your claim if the accident involves a government entity or employee. Accidents of this type might include someone driving a government vehicle or an accident that occurs because of a poorly maintained road.

In these cases, you usually have just 180 days (or about six months) to file a notice of claim. Before filing a lawsuit against a government entity, you must also submit a notice of claim to the appropriate government agency.

The same exceptions for minors and incapacitated people that apply in most vehicular accidents also apply to claims against government entities.

Given the shorter time frame and additional steps involved, you should speak with a lawyer promptly if you are pursuing a claim against a government agency.

Are There Time Limits for Filing an Insurance Claim in Arizona?

In addition to the statute of limitations for filing a lawsuit, you must be aware of time limits for filing a car insurance claim after a car crash. In Arizona, you must promptly report a car accident to your insurance company to ensure your claim is processed correctly.

Although the statute of limitations for filing a lawsuit is two years, your car insurance policy may have a shorter deadline for reporting the accident and filing car insurance claims. It’s best to notify your car insurance company as soon as possible to avoid delays in processing your claim.

Because you will be filing a claim with the at-fault driver’s insurance company to recover your accident-related losses, you should file such a claim as soon as possible. You have no relationship with that insurer, so there is likely no deadline for filing your claim. However, your attorney will know when to file your claim so that you don’t miss out on any of the compensation you deserve.

Can You Still File a Car Accident Claim If the Statute of Limitations Has Expired?

Once the statutory period has passed, pursuing a car accident lawsuit or claim is generally very difficult. In rare cases, circumstances may allow you to file a lawsuit even after the deadline has passed, such as if you were incapacitated or didn’t discover the injury until later.

However, these situations are exceptions and not the rule. If you may have missed the filing deadline, consult with an experienced car accident attorney immediately. A lawyer from Mushkatel, Gobbato & Kile, P.L.L.C., can evaluate your case and determine if any exceptions apply.

Filing your claim within the period dictated by the statute of limitations is crucial for the following reasons:

• Preserve evidence — Witnesses may forget key details, and physical evidence may be lost or destroyed over time. Prompt action ensures that crucial evidence is available to support your claim.
• Get timely medical treatment — Seeking medical care immediately after the accident is essential for your health and establishing a link between the accident and your injuries.
• Avoid complications with insurance — If you wait too long to file your insurance claim, the insurer may question the validity of your claim and delay the settlement process.

Navigating Arizona’s car accident laws takes more than just watching the calendar. Every crash tells its own story; some involve life-changing injuries, while others spark battles with insurance companies that drag on for months. Multiple drivers might share blame, or road conditions could have played a role. The legal maze gets complicated fast, so having a lawyer who knows these roads makes such a difference in the outcome.

Contact an Arizona Car Accident Lawyer Near You

If you’ve been in a car accident in Arizona, don’t wait until the time limit set by the statute of limitations expires. Mushkatel, Gobbato & Kile, P.L.L.C., offers personalized legal services to help you pursue the compensation you deserve. With over 50 years of combined experience, we can guide you through every step of the claims process and pursue the best possible outcome for you.

Contact us today for a confidential consultation and learn how we can assist you in your car accident claim. You pay nothing unless we recover compensation for your case.

Visit our Arizona Car Accident Law Offices