What is the Statute of Limitations for a Car Accident Injury Claim in Arizona?
Posted on behalf of Phillips Law Group on Aug 17, 2017 in Auto Accidents
Every state has a time limit in which legal action must be taken to file a personal injury lawsuit, referred to as the “statute of limitations.”
In Arizona, there is a two-year statute of limitations for filing a lawsuit for an injury that was caused by a car accident. This means that you have two years from the date in which the accident occurred to file a personal injury lawsuit against the at-fault driver.
If you wait until after this time limit expires, you will likely be barred from bringing a lawsuit and collecting compensation, even if it is clear the other driver was at fault.
For this reason, it is important that you quickly seek legal counsel to protect your rights if you have been harmed by a negligent driver. Through a free, no obligation consultation, our reputable car accident attorneys can explain Arizona’s statute of limitations and let you know if you have a viable case.
Altering the Statute of Limitations
There are some exceptions that could change Arizona’s statute of limitations for a car accident claim by delaying, or “tolling,” the date in which the deadline begins.
Rule of Discovery
The statute of limitations could be tolled if the victim did not discover his or her injuries until a later date after the accident.
If this were to occur, the deadline to file a claim would begin on the date the victim discovered that he or she was injured, or should have reasonably known about the injury.
The Victim is a Minor
Another exception is if the accident victim was a minor at the time of the accident. In this situation, the statute of limitations may be tolled and willresume on the date the victim reaches the age of 18.
Claims against the State or Federal Government
There are separate requirements and timeframes that you must follow if you are bringing an accident claim against the government in Arizona.
You must file a special Notice of Claim with the government entity or agency you believe is responsible for your injury within 180 days of the date of the accident, according to ARS 12-821.01.
This notice must be provided to the proper agency or entity before you file a lawsuit. Each county and agency in Arizona may have different forms and rules and must be contacted directly to inquire about their specific procedure.
If these rules are not carefully followed, you may lose your right to file the claim. This can make filing an accident claim against the government a complex task and may require the help of an experienced car accident attorney.
We are familiar with the procedures and requirements needed to file a claim against the a government entity and will help ensure your claim is effectively handled with the proper agency.
In addition to Arizona’s statute of limitations for injury lawsuits, you must also comply with other time limits for filing a claim with the insurance company.
Arizona implements mandatory minimum insurance requirements that all drivers must maintain:
- $15,000 bodily injury liability for one person
- $30,000 bodily injury liability for two or more individuals
- $10,000 property damage liability
Arizona uses a fault-based system for auto accident insurance claims, which means an auto accident victim has several options to collect compensation after the collision:
- The victim can file a claim with his or her own auto insurance company to recover compensation for the damages he or she suffered.
- A car accident victim can also contact the at-fault driver’s insurance company to file a claim for the damages he or she suffered during the collision.
- If these options fail, the victim may be able to file a lawsuit against the at-fault driver or insurance company to help recover compensation for the losses he or she incurred.
It is always in your best interest to file an insurance claim as soon as possible after an accident. This will help ensure you meet the insurance company’s deadlines and that your claim is handled quickly. It also gives you time within the statute of limitations if you later need to file a lawsuit to obtain the compensation you deserve.
Contact an Experienced Arizona Auto Accident Attorney
If you wait too long to pursue your claim, you may be left without an opportunity to recover the damages you have suffered, such as property damage, lost wages, medical bills, and pain and suffering.
Our skilled attorneys are well informed of Arizona’s statute of limitations for injury claims and will work to ensure yours meets all that apply to your claim. Our services are provided on a contingency fee basis, which means we only require payment if we recover compensation for your claim.
Call or text 1-800-706-3000 to discuss your case today.