Car accidents are often unexpected and can be traumatizing, especially if they involve severe injuries, death, or significant property damage. Between medical treatments, negotiations with insurance companies, and vehicle repairs, the aftermath of a car accident can overwhelm anyone.
Besides dealing with all that, you need to file your car accident claim on time, otherwise you risk losing your right to compensation. Every state has a specific deadline for filing personal injury claims, including car accident claims. In this guide, we will explain how long you have to file a car accident claim in Arizona, the key exceptions, and why you need to act fast.
The Statute of Limitations for Car Accident Claims in Arizona
The statute of limitations is a state law outlining the time limit for filing a personal injury lawsuit or claim. In Arizona, and according to A.R.S. 12-542, you have two years from the date of the accident to file a personal injury claim. Arizona’s statute of limitations also applies to property damage claims, including vehicle repairs.
While the court is most likely to dismiss your personal injury claim for filing after the two-year deadline, there are exceptions. However, it is critical to keep the deadline in mind and file a car accident claim as soon as possible.
Exceptions to the Rule
Some of the important exceptions to Arizona’s two-year statute of limitations rule include:
- Claims involving minors. If the person injured in a car accident is a minor (under 18), the two-year window to file a personal injury claim does not start until their 18th birthday. For minors, the clock starts ticking when they turn 18 and not on the day of the accident.
- Claims against government entities. If a government vehicle or employee is liable for your injuries, special rules apply. Arizona law requires you to file a notice of claim within 180 days of the accident. After that, you only have one year to file a personal injury lawsuit.
- Wrongful death claims. When a person dies in a car accident or due to related injuries, their loved ones can file a wrongful death claim. However, the two-year period for filing the claim begins on the date of death and not on the date of the accident.
- Delayed discovery. Sometimes, car accident injuries may not be immediately evident. In such cases, the discovery rule pauses the statute of limitations allowing the two-year countdown to start from the date of injury discovery. However, the court is strict on these exceptions and you may need a skilled personal injury lawyer to successfully navigate delayed discovery.
Insurance Deadlines vs. Legal Deadlines
While Arizona laws give you up to two years to file a car accident claim, your insurance company may require you to notify them of the accident immediately or within a few days. Different insurance policies have different reporting requirements. It is therefore essential to report a car accident to your insurance provider as soon as possible.
It is critical to understand that filing a personal injury lawsuit and filing an insurance claim are not the same thing. Therefore, waiting too long to notify your insurance company after an accident can compromise your coverage. It can make settlement negotiations harder considering the insurance company may be looking for reasons or ways to reduce your compensation amount.
Why Timely Action Matters
Despite Arizona law giving you two years to file a car accident claim, waiting too long can compromise your case. Damage recovery in a car accident can be complex and often involves thorough investigations. However, failure to act promptly can hurt the investigations and your personal injury claim, including losing evidence, and witnesses forgetting important details.
Medical documentation and vehicle repair estimates are easier to obtain within days or weeks after the accident and not months later. Your insurance company may also become skeptical if you delay accident claim filing. Taking prompt action increases your chances of getting the compensation you need and deserve.
How a Car Accident Lawyer Can Help
Navigating insurance claims, court deadlines, and other legal complexities of a car accident can be overwhelming, especially while also recovering from injuries. But an experienced Phoenix car accident lawyer can guide you through the legal process and help you get fair compensation.
First, the attorney will help you file your claim within all the legal time limits, including Arizona’s statute of limitations. A skilled attorney will also ensure you meet special claims requirements like those against government entities that have stricter deadlines.
The car accident lawyer will also help you gather evidence to build a strong case. They will handle communications and negotiate with the insurance company on your behalf. The attorney will also represent you in court if the settlement dispute goes to trial. Having a lawyer by your side also ensures you avoid costly legal mistakes.
Contact a Phoenix Car Accident Attorney
Arizona statute of limitations is strict and you risk losing your compensation for failing to file your claim within the set time limits. However, the state law requirements, including exceptions, can be confusing and complex. You may need a skilled and experienced car accident lawyer to guide you through the legal complexities.
If you have sustained injuries in a Phoenix car accident and are not sure how or when to file a personal injury claim, we are here for you. Our well-qualified and experienced Phoenix car accident attorneys at the Karina Ordonez Law Office will help you file on time. We will also help you get fair compensation for your damages. Contact us for a consultation and to learn more about our services.
