Car Accident Claim Time Limit

If you’ve been in a car accident, you’ve probably wondered how long you have to file a claim. The truth is, it varies by state. In Arizona, for example, you have two years to file a personal injury claim. For most states, though, the statute of limitations ranges between two and three years. 

Wanting to make a claim but unsure what to do? The first step is to find the right representation for you. If you’re searching for the best accident lawyers in Phoenix, it’s important to choose a firm with a strong track record in personal injury cases and client satisfaction, like Gage Mathers.

Why File a Claim? 

If you’ve been in a car accident, filing a claim is something you definitely don’t want to put off. Doing so can help you get the money you may need for medical bills, car repairs, or income you lost from missing work. 

Time is of the essence, so acting quickly can make a huge difference! The sooner you can file a claim, the better off you may be. Evidence like photos, witness statements, and even your own memory of the accident is freshest right after it happens, and that can strengthen your case–especially if the other party is liable for the crash. Determining liability for a car accident typically depends on which driver was at fault. 

If the other driver is denying liability for the car accident, it’s important to gather evidence, like witness statements and photos, to support your case and prove fault. This is all easier to gather when addressed right away, so filing a claim as soon as possible keeps everything on track and helps you move forward faster.

Exceptions to the Statute of Limitations

Every state has their own deadline to file, and if you miss it, you could lose your chance to file a claim altogether. However, there are some exceptions, including in Arizona:

• Minors: If a victim is under eighteen at the time of the accident, the statute of limitations may not begin to run until they become a legal adult. 
• Discovery Rule: If a victim did not discover their injuries from the car accident until after the deadline has passed, they may still be able to file a claim. 

What Happens If I Miss the Deadline?

Most of the time, missing the deadline to file a car accident claim can mean your claim is dismissed, regardless of your circumstances. This means that even if you have strong evidence supporting your claim, you may not recover any money you spent on car repairs or damages, injuries and more–which is why it’s so important to be prompt and consult with a personal injury attorney right away who can make sure you file in time. 

I Filed a Claim–Now What?

Once you file a claim, your lawyer will send a demand letter to the at-fault driver’s insurance company highlighting your damages and requesting compensation for your damages and injuries. From there, the insurance company will more than likely respond with a settlement offer, which opens up negotiations. Determining the final settlement could take weeks or even months, depending on how cooperative or stubborn the other party’s insurance company behaves. 

If both parties can’t agree on a settlement, you run the risk of going to trial. No matter the outcome, though, a good legal team will keep you informed, stay on top of deadlines, and help you remain prepared each step of the way.

Why Gage Mathers?

At Gage Mathers Law Group, we’re here to help you navigate the trickiness of personal injury law with a team that truly cares. With more than fifty years of experience under our belts, we know exactly what makes a car accident case strong or weak, and we’re ready to go to trial if it comes to that.

Thousands of families have put their trust in us after car accidents and other personal injury situations, and we’re proud to have recovered more than $325 million for our clients, achieving a 99.9% success rate along the way. We pride ourselves on being a team you can count on for expert advice and solid support, especially during the times when you need it most. Your recovery is our top priority, and we’re dedicated to getting you the justice you deserve!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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