After a car crash, you have a limited time to file a lawsuit. The statute of limitations (SOL) dictates how long you have to take legal action after an incident. It does not apply to insurance companies, which may have shorter time frames. Tolling the limit is possible, but you must qualify for certain exceptions.
Arizona Revised Statutes § 12-542 contains the state’s SOL for personal injury claims — including car crashes. It is generally two years from the date of the injury. At the Phillips Law Group, our local attorneys could help you better understand the Phoenix, AZ, car accident statute of limitations and whether you qualify for any extensions.
The usual limit is two years, but the court does not automatically dismiss cases because of the SOL. Instead, it is an affirmative defense to a claim.
While a plaintiff can still file a lawsuit, the defendant can request its dismissal. The plaintiff has to demonstrate why the SOL should not apply. The law will bar the claim for most Phoenix car accident lawsuits that are filed two or more years after the wreck.
The state may extend — or toll —the deadline for various reasons. If these reasons apply, they can provide a different start date for the statute. However, once the statute begins to run, it will still be a two-year period.
One example of tolling involves hidden injuries. While the SOL begins to run on the date of the accident when injuries are evident, it does not start to run until a person discovers or should have discovered their injuries.
Tolling based on discovery depends on when someone should have discovered the injuries. Experiencing medical symptoms is a reason to get medical attention as soon as possible. It is not only crucial for a person’s health — it is also helps establish the connection between the wreck and the injuries. Ignoring the issue could result in a lawsuit being time-barred under the Arizona statute of limitations for car accidents.
Automatically extending the deadline is rare, but it happens. Minors get an automatic extension until they turn 18. Parents or guardians can bring personal injury lawsuits on behalf of their children in most circumstances. Failing to do so means that the minor can bring a lawsuit when they reach adulthood.
Mental competence also affects the SOL. If the accident temporarily or permanently impacts an injured person’s mental competency, it may extend the time deadline. The statute may begin to run when the person regains competence — or after the state appoints a guardian for them.
An attorney could examine the facts and provide advice about how minority or competency might impact the application of the statute of limitations in a Phoenix, AZ car accident.
The deadline for wrongful death claims is two years. However, if an auto accident led to someone’s death, even if it occurred years after the accident, the survivors may still have a claim. The start date is different than with normal personal injury claims— it begins running on the date of the death. Death can occur months or even years after an accident. Calculating the deadline depends on that death date.
While an injured motorist has two years to file a lawsuit, they should not take two years to file a claim with the insurance company. Filing a claim does not toll the SOL. So, if the insurance company drags its feet during settlement negotiations, it could result in an expired deadline.
Filing a claim should be a priority — usually, an injured person should do so within a day or two of the accident. Failing to do so will not bar them from filing an insurance claim, but it can complicate the process. For any questions, consult a Phoenix car accident attorney to find out if the statute of limitations will impact an insurance claim.
States have SOLs to try to ensure that justice happens. Historically, the greater the time between an event and a lawsuit, the lower the integrity of the evidence. While changes that impact evidence preservation may eventually lead to changes to the SOL, at this time, it remains two years.
There are exceptions to this rule. Even if you think the Phoenix, AZ, car accident statute of limitations may bar your claim, you should still consult an attorney. Filing a lawsuit may still be possible. Call the Phillips Law Group today to learn more.
Available 24/7 
