In Georgia, you have limited time to file a claim after a car accident. State law gives you two years to file a lawsuit, and the clock starts ticking on the car accident date. Missing this deadline can have consequences like losing negotiating power and the court dismissing your lawsuit.
While it is natural to want to focus on healing after a car accident, you need to protect your legal rights. You should know the time limits of Georgia law on filing personal injury lawsuits and filing car insurance claims and understand how they may affect your ability to pursue maximum compensation for your injuries after an accident.
Why Does Georgia Have a Statute of Limitations?
Like other jurisdictions, Georgia has statutes of limitations. It applies to car accident claims. These laws set time limits for a party to take legal action after a car accident. They govern civil and criminal cases. The purpose of the law is to encourage timely action and protect people from facing “stale” accusations of wrongful conduct.
You have a reasonable timeframe after a car accident to preserve and gather evidence. Beyond that timeframe, witness memories tend to fade, and evidence can get lost or destroyed. It becomes difficult to prove allegations of negligence or other wrongdoing, and defending them is challenging. An insurance company may not negotiate with you.
So, if you suffer injuries in a car accident, consult an experienced personal injury lawyer as early as possible and learn more about how to file a car accident claim. Seeking legal help to guide you through the claims process will help you build a strong case, meet all deadlines in your car accident case, and help you purse compensation you deserve.
When Does the Two-Year Time Limit Start After an Accident?
Georgia law gives injured car accident victims two years from the car accident date to file a personal injury lawsuit against the at-fault party (or parties). In other words, the clock starts running down the day the car accident occurs.
Are There Exceptions to Georgia’s Statute of Limitations Time Limit?
The two-year deadline has a few exceptions. For instance, if the person injured in a car accident is legally disabled, the statute of limitation does not start until the legal disability ends. A person is lawfully disabled when they are incapable of managing their individual legal affairs due to intellectual disablement or mental illness.
A child is legally disabled until they turn 18. So, during the child’s legal disability, the statute of limitations does not run. It does not start to run on the car accident date. Instead, the clock on the two years to file a claim starts ticking when the accident victim turns 18.
Suppose an at-fault party suspects an injured individual wishes to pursue legal action after a car accident and flees the state. In that case, the statute of limitations does not apply to the period the party is absent from Georgia unless you can get a “service of process” while they are outside the state. Service of process means the verified delivery of legal documents to the other party (or parties).
What Happens If Your Car Accident Lawsuit Is Not Filed Within the Two-Year Time Period?
You can face serious repercussions if you fail to file a personal injury lawsuit after a car accident within the state’s two-year timeframe. The court can dismiss the case, meaning you lose the ability to have your day in court.
Also, most personal injury cases get settled outside of court. Moving forward with a personal injury lawsuit against an insurer or at-fault party gives you leverage when negotiating. Often, these entities do not wish to fight a long, drawn-out, and expensive case.
Before the trial, both sides will come together to attempt one final compensation negotiation. Knowing that you are willing to see the inside of a courtroom, the other side may be more willing to engage in good-faith negotiations and settle. However, failing to file a personal injury lawsuit within two years means you lose negotiating leverage. The insurance company will have little reason to negotiate without a legal risk.
How Long After a Car Accident Do You Have to File a Police Report in Georgia?
Georgia law requires you to file an accident report within a specific period. All drivers involved in motor vehicle accidents that result in property damage of $500 or more, injuries, or death must report the accident to the local police or sheriff’s office “immediately, by the quickest means of communication.”
With cell phones and other communication devices at an individual’s fingertips, contacting law enforcement as soon as an accident happens is necessary. Notifying police and emergency services is not only the law but can also help save a life. Officers can control the scene, preventing further accidents and injuries, while emergency services personnel can render medical assistance. The police report may also serve as evidence.
Failing to report the accident to the police can complicate insurance claims and make it more challenging to recover compensation from the at-fault driver’s company. Without other evidence to prove liability, including a police report, it becomes a case of he-said, she-said, and you may not recover the compensation you need to cover your injuries and other losses.
Is There a Penalty for Not Filing an Accident Report After a Georgia Car Accident?
As a driver in Georgia, you must file a report after accidents involving significant property damage, injuries, or fatalities. Failing to report an accident or file a report in Georgia is a misdemeanor offense that can result in fines up to $1,000, one year in jail, and possible driver’s license suspension. If the accident results in severe injuries or death, the penalties can be much more significant, with the potential for prison time.
Contact a Georgia Car Accident Lawyer
At Bayuk Pratt, our car accident attorneys have over 50 years of combined legal experience helping accident victims pursue the compensation they deserve. Our team has recovered over $300 in verdicts and settlements for our clients because we know that results matter.
After a Georgia car accident, contact our office and request a free consultation to learn more about your legal rights and how we can help you pursue maximum compensation for your injuries.
