How Long Do You Have to File a Car Accident Claim in Georgia?
How Long Do You Have to File a Car Accident Claim in Georgia?
If you’ve been injured in a car accident, you may be entitled to compensation — but time is not on your side. Georgia law sets strict deadlines for filing personal injury claims, known as the statute of limitations. Missing this window could mean losing your right to recover damages altogether.
At The Boone Firm, our experienced car accident attorneys in Atlanta guide clients through every step of the claims process. We make sure all documents are filed properly and on time, protecting your right to fair compensation.
The Time Limit for Filing a Car Accident Claim
Under Georgia Code § 9-3-33, you generally have two years from the date of the accident to file a lawsuit for personal injury or wrongful death resulting from a crash. This two-year period applies to claims for:
- Bodily injuries, including medical costs, pain and suffering, and lost wages
- Wrongful death cases arising from a fatal accident
- Emotional distress or other non-economic damages
For property damage claims — such as vehicle repair or replacement — the deadline extends to four years from the date of the accident.
While these may seem like generous timelines, waiting too long can seriously weaken your case. Evidence can disappear, witnesses’ memories fade, and insurance companies become harder to negotiate with as time passes.
Why Acting Quickly Matters
Even though you technically have two years to file a lawsuit, you should contact an attorney as soon as possible after your accident. Prompt action allows your legal team to:
- Gather and preserve vital evidence, such as photos, medical reports, and witness statements
- Investigate the cause of the crash before details are lost
- Handle communication with insurance companies so you don’t say anything that could harm your case
- Begin settlement negotiations early, potentially resolving your case faster
Insurance companies often rely on delays to reduce or deny claims. Having an attorney handle the process immediately after the crash ensures your rights are protected from the start.
Exceptions That Can Affect the Deadline
Certain circumstances can extend or pause (“toll”) Georgia’s statute of limitations. These exceptions may apply if:
- The injured person is under 18 years old at the time of the accident
- The victim is mentally incapacitated
- The at-fault driver left the state after the crash and before the claim could be filed
- The case involves a government vehicle or public employee, which requires a notice of claim within six months to a year
Because these exceptions are limited and fact-specific, it’s crucial to consult a qualified attorney right away to determine how the timeline applies to your case.
What Happens If You Miss the Deadline
If the statute of limitations expires, the court will likely dismiss your case entirely, no matter how strong your evidence may be. That means you lose the ability to recover compensation for medical expenses, lost income, pain and suffering, and other damages related to the accident.
This is why it’s essential to act quickly and work with a law firm that understands Georgia’s personal injury laws and court procedures.
Contact The Boone Firm Before Time Runs Out
Don’t let time stand between you and the compensation you deserve. Whether you’re recovering from serious injuries or grieving the loss of a loved one, The Boone Firm can help you take action before the legal clock runs out.
Our team thoroughly investigates every case, negotiates with insurers on your behalf, and prepares for trial when necessary — all while keeping you informed and supported at every step.











