Statute of Limitations for Car Accident Claims in Gwinnett County

A car accident can be a major disruption to your life, leaving you with injuries to manage, bills piling up, and a long list of unanswered questions. If you’re dealing with physical pain, emotional stress, or financial uncertainty, you’re not alone. It’s completely understandable to feel unsure about what to do next.

One thing that can make a big difference is knowing your legal rights, especially when it comes to timing. In Georgia, there’s a specific window—called the statute of limitations—in which you must file a car accident claim. Missing this deadline could mean losing the opportunity to recover compensation for your injuries and losses.

Let’s take a closer look at the Georgia statute of limitation for car accident claims and what it could mean for your post-accident recovery. If you’re feeling overwhelmed, take heart: There are people ready to help you move forward, one step at a time.

Gwinnett County, GA Statute of Limitations

The statute of limitations for car accidents in Gwinnett County is two years from the date of the loss. That means you have two years from the date of that car wreck—called the date of loss— to either settle your case or file suit.

For example, if you were involved in a car wreck on January 1st, 2024, you’d have until January 1st, 2026 to either file a lawsuit or settle the case. If you go one minute beyond that date, you may not have a claim.

In some cases, litigation or trial may extend beyond the statute of limitations. As long as the lawsuit is filed before the two-year limit, and the proper parties have been served with the proper documents, and as long as the proper civil procedure has been followed, the case can carry on for months or years past the two-year deadline.

There are some differences in the statute of limitations for potential plaintiffs who are children. Typically, for certain claims, a minor may wait until they have reached the age of majority, which is 18, to file a claim.

Why Does Georgia Have a Statute of Limitations?

Most states have a two-year statute of limitations on personal injury claims, like Georgia. A statute of limitations is supposed to ensure the legal process is fair and efficient. If you wait 20 years to file a claim for a car accident, imagine how difficult it would be for the other party (and you!) to gather evidence.

It would be nearly impossible to track down witnesses and any that you did find probably don’t have a clear memory of the accident. A time frame of two years keeps the facts surrounding the case fresh, so that you have a reasonable chance of presenting evidence to support your claim, and the other party has the opportunity to present their relevant evidence to counter it.

How to Know When to File a Car Accident Claim

The best time to file is as soon as you’re able to after your car accident.

If you aren’t sure what the time limit is on your car accident case, you can always check the Georgia code—but that’s not very convenient. The safest way to ensure you hit deadlines and file your claim on time is by speaking with a Gwinnett County car accident attorney as soon as possible after the accident.

You might be dealing with injuries following your accident and focusing on recovery, but if you miss the two-year deadline, your chances of recovering damages to help you pay your medical bills and other accident-related expenses decrease significantly.

Requesting an Extension on the Statute of Limitations

Under special circumstances, the Gwinnett County courts will extend the two-year statute of limitations:

• Disability or incapacity: The deadline could be extended for someone who is legally incompetent due to intellectual disability or mental illness at the time of the accident. If the disability or mental illness ends at some point, then the two-year statute of limitations starts from that date.
• Minors: If a child is under 18 years of age when the accident occurs, the two-year statute of limitations doesn’t start until their 18th birthday.
• Out of state: If a defendant leaves Georgia, the statute of limitations pauses until they return. However, the law prevents defendants from fleeing the state to avoid liability for the accident.
• Fraud: If the defendant commits fraud to prevent or deter you from filing your action, the two-year statutory period starts when you discover their fraud. It’s important to note that they must commit fraud for this exception to apply; simply lying to you about the accident or the case won’t prolong the two-year statute of limitations.
• Criminal investigation: If a crime was committed in the accident (such as a hit and run or driving under the influence), the statute of limitations pauses until prosecution of this crime ends, as long as it’s not more than six years.

How Fault Affects a Car Accident Claim in Georgia

Georgia is a “fault” state meaning that the insurance company of the driver who’s responsible for the accident has to cover losses. Proving liability in a car accident is, therefore, extremely important in Gwinnett County.

The longer you wait to file your claim, the harder it will be to gather strong, relevant evidence for your case—which will make it harder to prove the other driver’s fault in the accident.

That’s why it’s so important to file your claim sooner rather than later. Getting it started while the evidence is still fresh, and while your attorney is still able to track down witnesses, can potentially improve the chances of a favorable outcome for you.

What’s at Stake if You Don’t File Your Claim on Time

In a successful car accident claim, you could get awarded damages for the losses you’ve suffered. Some of these losses include:

• Medical expenses: If you had to get emergency room care, surgery, or have follow-up doctor’s visits because of injuries from the accident, you could recover damages.
• Lost wages and reduced earning potential: Missing work could mean wages you don’t earn, and your injury might prevent you from doing the same job you had before. You could get compensation for these losses as well.
• Pain and suffering: If you suffered physical injuries or emotional trauma that had a big impact on your life, you may be awarded damages for your pain and suffering.

If you wait to file your claim and miss the two-year deadline, you risk losing your chance to receive these damages. Compensation from a car accident claim could be the best way to get the financial relief you need as you struggle with the aftereffects of the accident.

A car accident claim isn’t just about money, though. It’s also a chance to make yourself “whole” again. When you file a claim for an accident that you suffered, that wasn’t your fault, you’re asking for a chance to make your life as close as possible to how it was before the accident.

Of course, in some cases, it’s impossible to return to life exactly as it was before. But a car accident claim, when handled by an experienced personal injury attorney, can help make your life tenable even after suffering devastating losses.

What Happens if You Don’t File a Car Accident Claim?

You don’t just miss out on a chance to get compensation for your accident when you fail to report a claim. Your insurance company could also refuse to pay, even if you’re covered. They could argue that you never reported the accident, so they don’t have an obligation to pay.

It’s essential to not only file a timely claim, but also to ensure that you file a police report for the accident too. If you’re not seriously injured at the scene of the accident, call the police and wait until they arrive on the scene so they can file a report. You’ll need this report later as evidence in your car accident claim.

Hire an Attorney to File a Claim Within the Statute of Limitations

If you wait too long to file suit and the statute of limitations expires, you won’t really have a case, and likely can’t get one penny from the insurance company. If you’ve been involved in a car wreck and feel concerned about filing a suit within the proper time frame, reach out to a Gwinnett County car accident attorney.

An experienced lawyer could move quickly to collect evidence, negotiate with the insurance company, and file suit within the statute of limitations. At the Scott Pryor Law Group, we understand the difficulty of putting your life back together after a major car crash.

You might feel so overwhelmed that you wonder how you’ll ever recover. With the help of our compassionate attorneys, you can recover. By contacting us as soon as you’re able, you can start working on making yourself “whole” again. Contact our Gwinnett County lawyers today for a free consultation so we can begin discussing your options.

Scott Pryor

Managing Attorney | CEO

Scott is a U.S. Marine Veteran. He is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA and the Multi-Million Dollar Advocates Forum.

Read More About Author