How Long After a Car Accident Can You Sue in Arizona?

The statute of limitations for filing a complaint in Arizona for damages and injuries resulting from an automobile accident is two years from the day of the incident. In other words, you have up to two years to file a personal injury or property damage claim against the person or entity responsible for a car accident. However, there are certain situations in which you can file a claim after the two-year deadline.

Factors that Affect the Statute of Limitations in Arizona

Although the statute of limitations sets the allowable timeline for filing a car accident case in Arizona at two years, this period can be extended or shortened depending on the following factors:

Type of Lawsuit

There are three main types of claims you can file when you are involved in a car accident: personal injury, property damage, and wrongful death. For personal injury and property damage claims, the law requires you to file a claim within two years from the date of the accident.

If you sue for wrongful death, file your case within two years from the date of death (not the accident). For example, if the victim dies months after the accident, the two-year timeline starts on that day. 

Injury Discovery Rule

Car accidents can cause both visible and unseen injuries. Some of the common hidden car accident injuries include whiplash, back injuries, head injuries, and internal injuries. 

Unlike cuts, bruises, and fractured bones, these injuries aren’t always immediately obvious. Some can take weeks or months after the accident before the full extent of the damage is known. In this case, the statute of limitations might start from the date when the injuries are discovered or practically should have been discovered.

Age of Victim

The statute of limitations can be extended if the victim is a minor. In Arizona, a minor is someone under the age of eighteen years. In this case, the statute may be extended to when the minor attains legal age.

Mental Capacity of the Victim

If you’re mentally incapacitated during the accident, the statute may be extended or paused. You need to be mentally fit to file a lawsuit or someone has to be appointed to act on your behalf. However, your mental capacity has to be determined by a qualified and licensed doctor.

Government Entity

Different rules may apply when a government organization is involved in an accident. For example, a notice of a claim must be made within 180 days from the date of the accident, and the case must be filed within one year.

Fraud or Misrepresentation

Sometimes, the person who caused an accident tries to conceal important details to minimize their liability. In such a case, the statute of limitations may be paused until the fraud or misrepresentation is fully dealt with.

Location of the Accused

If the person at fault leaves the state of Arizona after the incident, the statute may be put on hold while they’re away.

Contractual Agreements

Insurance policies may include different terms and timelines for filing car accident claims. This is why you should read the terms of your insurance policy carefully before signing.

Familiarize yourself with legal provisions that affect your ability to file a car accident claim in Arizona. For example, it’s important to understand how weather conditions impact car accidents in Phoenix and whether bicycles have the right of way in Arizona.

Final Thoughts

Given the potential complexities of filing a car accident lawsuit in Arizona, it’s important to consult with a qualified attorney. Your lawyer will break down the applicable laws to help you understand the chances of success and how long a case might take. 

The personal injury attorneys from at Gage Mathers take each case seriously and have collected millions in damages for our clients. Call us today so you can focus on recovering!

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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