Statutes of Limitations in Motor Vehicle Accident Claims

Dedicated Personal Injury Attorney Serving Clients Throughout Chatham County and the Surrounding Areas

After a motor vehicle accident, understanding your rights and responsibilities is crucial. One of the most important factors in pursuing compensation for your injuries is the statute of limitations. A statute of limitations is a legal deadline that determines how long you have to file a claim after an accident. At Suthers & Harper, we know that life after an accident isn’t easy, and pursuing a personal injury claim may feel overwhelming. Our experienced team of Savannah motor vehicle accident attorneys is here to help guide you through the recovery process, ensuring you meet all necessary deadlines, so you stand the best chance of recovering the compensation you need, deserve, and are entitled to. 

What Is a Statute of Limitations?

A statute of limitations is a law that sets a strict deadline for filing a lawsuit. Once this deadline passes, you lose your right to seek legal action, regardless of the strength of your claim or the severity of your injuries. The purpose of statutes of limitations is to ensure that legal disputes are resolved within a reasonable time.

In Georgia, the statute of limitations for personal injury claims, including motor vehicle accidents, is generally two years from the date of the accident. This means you have two years to file a lawsuit if you are seeking compensation for injuries or wrongful death. However, there are exceptions and unique circumstances that can affect this deadline, which is why it’s essential to work with a knowledgeable attorney who understands Georgia law.

Exceptions to the Statute of Limitations

While the standard statute of limitations in Georgia is two years for motor vehicle accidents, certain circumstances can change this timeline. It’s important to be aware of these exceptions to ensure you don’t miss your opportunity to file a claim. Some common exceptions include:

Minors: If you were a minor (under 18 years old) at the time of the accident, the statute of limitations typically does not begin until the individual turns 18. This means that you may have until your 20th birthday to file a lawsuit for a motor vehicle accident.

Government Involvement: If your accident involved a government entity or government-owned vehicle, such as a city bus or police car, the rules are different. In Georgia, you are required to file a formal notice of claim within six months for city or county accidents and within one year for claims involving the state. Missing these deadlines can prevent you from pursuing any compensation.

Discovery Rule: In some cases, the statute of limitations may be extended if the injuries or damages were not immediately apparent after the accident. This is known as the “discovery rule.” For example, if you sustained an injury that wasn’t diagnosed until several months after the accident, the statute of limitations may start from the date you discovered the injury rather than the date of the crash.

Determining whether these exceptions apply can be challenging, and the insurance company will almost certainly argue that your case doesn’t fit within an exception. This is why it’s crucial to consult with a Savannah motor vehicle accident lawyer.

What Happens If You Miss the Deadline?

If you miss the statute of limitations deadline for filing a motor vehicle accident claim in Georgia, the consequences are severe. In most cases, your claim will be dismissed, and you will lose the right to pursue compensation for your injuries or damages. This means you will be responsible for all medical expenses, lost wages, property damage, and other costs associated with the accident, with no legal recourse.

Insurance companies are fully aware of the statute of limitations and may delay or stall negotiations in hopes that the deadline will pass before you take legal action. This is one reason why it’s important to act quickly after an accident and seek legal counsel early in the process. Even if you are unsure whether you want to file a lawsuit, consulting with an attorney soon after your accident can help preserve your options; however, beginning negotiations with the insurance company will not. 

A Savannah motor vehicle accident attorney at Suthers & Harper can ensure that all deadlines are met and that your claim is filed in a timely manner. We will also handle negotiations with insurance companies to help you avoid unnecessary delays. And, if the insurance company is unwilling to extend a fair settlement offer, we will also represent you at trial. 

Speak with a Savannah Motor Vehicle Accident Lawyer Today

Understanding the statute of limitations and how it applies to your accident claim is critical for protecting your rights and securing the compensation you deserve. At Suthers & Harper, our team of dedicated personal injury attorneys is here to help you navigate the legal process, meet important deadlines, and pursue the best possible outcome for your case. If you or a loved one has been involved in a motor vehicle accident, contact us today to schedule a free consultation with a Savannah motor vehicle accident lawyer. To learn more and to schedule a free consultation today, give us a call at 800-320-2384 or connect with one of our attorneys by filling out our secure online contact form. Calling is free, and we will not bill you for our services unless we can recover compensation on your behalf.