Car Accident Statute of Limitations Georgia: What You Need To Know
Have you been involved in a car accident in Georgia due to someone’s negligence? You may be entitled to obtain compensation for any damages you sustained.
However, to recover any damages, you must file a claim with the at-fault party’s insurance company or file a car accident lawsuit in court within the statute of limitations.
The car accident statute of limitations is the time limit for filing a car accident claim, and the countdown starts the day of the accident. Missing this deadline can prevent you from getting compensation for your car accident losses.
Attorneys at the Dressie Law Firm have helped hundreds settle their car accident claims and recover fair settlements. Our Georgia personal injury lawyer can file your claim and guide you through the process.
What Is Car Accident Statute of Limitations?
The Georgia statute of limitations is two years from the accident date for personal injury cases and four years for property damage-only cases. This means that you have:
Two years to file a lawsuit if you are seeking financial compensation for your car accident injuries and damagesFour years if you are only seeking compensation for car repair or replacement costs only
Exceptions to the Statute of Limitations Deadline
There are some exceptions to Georgia’s statute of limitations for car accident cases, which can shorten or extend the deadline. Here are some of the most common ones:
If you were working at the time of the accident and want to file a workers’ compensation claim instead of a personal injury claim, you have a much shorter deadline.
If you were under 18 years old when the accident happened, The statute of limitations only starts when you turn 18. Therefore, you can sue the negligent driver anytime between your 18th and 20th birthday, regardless of when the accident occurred.
If you were mentally incompetent during the accident, you also have more time to file your lawsuit. The statute of limitations’s two-year period only starts when you regain your mental competence.
If you were injured using public transportation, you’ll have a shorter deadline to notify the relevant authority. You must provide formal notice of your claim to the government entity within:
Six months if the accident involved a municipal or local government vehicle
One year if the accident involved a county or state government vehicle
These notice requirements are separate from the statute of limitations. Once your notice is submitted, the relevant authority will respond within 30 days. The statute of limitations will be suspended during the waiting time. If you do not comply with the notice filing rules and deadlines, you may lose your chance to sue the relevant government authority.
The statute of limitations can be challenging to identify without a thorough investigation. If you don’t know the exact deadline that applies to your Georgia car accident case, you can miss your only opportunity to recover compensation.
An experienced car accident lawyer can help you. If you have been injured in an auto accident in Georgia, contact us today for a free consultation.
What Happens if an At-Fault Driver Is Uninsured?
If you find yourself in an accident with an uninsured or underinsured driver, it doesn’t mean you’re left without compensation options. Here’s how to handle the situation:
Use your uninsured/underinsured motorist coverage: If you have uninsured motorist coverage, it’s time to put it to use. This coverage is highly recommended for situations like these. It ensures that your insurance company steps in to cover your expenses when the at-fault driver does not have an auto insurance policy.
Use your collision insurance: If you have collision coverage as part of your auto insurance policy, it can cover the cost of repairing or replacing your vehicle, regardless of fault. This coverage is particularly useful when dealing with an uninsured or underinsured driver. You can file a claim with your collision coverage provider to claim compensation for your property damage. However, it does not cover other personal injury damages, such as medical expenses or lost wages.
File a personal injury lawsuit: An attorney can help you secure compensation even when your insurance coverage cannot cover your damages. You still have the option to pursue a lawsuit against the at-fault party. Consult a car accident lawyer for guidance on the best course of action.
How an Attorney Can Assist With Car Accident Statute of Limitations Georgia
Navigating the intricacies of car accident statute of limitations can be challenging. Therefore, having the proper legal guidance is crucial to get the most favorable outcomes. Our attorneys at the Dressie Law Firm are happy to assist you in filing a personal injury claim in Georgia on time and receive a fair car accident settlement.
An attorney can assist in the following aspects of your case:
Evidence gathering: Our lawyers can collect and preserve evidence, including police reports, witness statements, medical records, photos, videos, and professional opinions.
Insurance negotiations: We handle negotiations with the insurance company and never settle for less than what you deserve.
Filing a lawsuit: If necessary, we can take your claim to court to pursue the maximum compensation. We handle the entire process, including court filings, arbitration, discovery, hearings, and trial.
Our experienced legal team can help you recover the settlement you need to cover your expenses. We are well-versed in Georgia car accident laws and will ensure your legal rights are protected.
Contact us today to schedule a free consultation with an experienced accident attorney in Atlanta, GA.
How Does Modified Comparative Negligence Work in Georgia?
Modified comparative negligence in Georgia follows a 50 percent rule. Under this system, a plaintiff can recover damages if they are found to be less than 50 percent at fault for the accident. However, if the plaintiff is determined to be 50 percent or more responsible, they are barred from recovering any damages.
For instance, if a plaintiff is found 30 percent at fault for an accident, their recoverable damages will be reduced by 30 percent. This approach encourages shared responsibility but restricts recovery for plaintiffs with equal or greater culpability.
The Dressie Law Firm Can Help You
Contact us today to schedule your free consultation!