How Long Do I Have to File a Claim After a Crash in Georgia?

In short: in Georgia, you generally have 2 years from the crash to sue for your injuries and 4 years for damage to your car. If the other vehicle belonged to a city, a county or the state, a written notice is due much sooner: 6 months for a city and 12 months for a county or the state. Use our deadline calculator to see your dates.

How long do I have to sue after a crash in Georgia?

Generally, 2 years from the day of the crash to sue for injuries (O.C.G.A. § 9-3-33) and 4 years for damage to property such as your car (O.C.G.A. § 9-3-31). Once the deadline passes, you usually cannot bring the claim in court, even if the other driver was entirely at fault.

I'm negotiating with the insurance company. Does that stop the clock?

No. Talking or negotiating with the insurer does not stop the clock. What counts is filing the lawsuit in court before the deadline. Many insurers drag out negotiations; if the deadline is getting close, talk to a lawyer.

I was hit by a bus, a garbage truck or a government car. Did I lose my case?

Not necessarily, but the time is much shorter. Before suing a government, Georgia law requires a written notice (called an "ante litem notice"):

• City vehicle: within 6 months (O.C.G.A. § 36-33-5).
• County vehicle: within 12 months (O.C.G.A. § 36-11-1).
• State of Georgia vehicle: within 12 months (O.C.G.A. § 50-21-26).

The notice must include certain information about the crash and the damages, and it must go to the right office. If something is missing, the claim can be lost. Public transit agencies and federal vehicles, such as mail trucks, have their own rules. If any government vehicle hit you, call us right away.

Also, if the vehicle belonged to the State of Georgia, the lawsuit for injuries and for damage to your car generally must be filed within 2 years (O.C.G.A. § 50-21-27), not 4.

My child was hurt. Do I have more time?

Sometimes yes, sometimes no. For a lawsuit over a minor's injuries, the 2-year period usually starts when the child turns 18. But the written notice to a government generally does not wait: if the crash involved a school bus or a city or county vehicle, the notice can be due in 6 or 12 months even though the child is a minor. Medical bills paid by the parents can also have their own deadline. Do not wait.

Are there other deadlines I should know?

• Death of a family member: a wrongful death lawsuit usually also has 2 years.
• Work accident: tell your employer within 30 days and file the workers' compensation claim within 1 year. If a third party caused the accident, there may also be an injury case.
• Medical malpractice: has different rules and limits. See our guide to medical malpractice deadlines.

What to do now

1. Write down the exact date of the crash and keep the police report.
2. Find out who owned the other vehicle: a person, a company or a government.
3. Use the deadline calculator to see your dates.
4. Do not wait until the last month. Preparing a lawsuit or a notice takes time.
5. Call us at (770) 609-9396. Consultations for accident cases are free, in English or Spanish.

This page is general information about Georgia law, not legal advice for your case. Each case can have different deadlines. Reading it does not create an attorney-client relationship.

Sources

• O.C.G.A. § 9-3-33 (injury, 2 years) and § 9-3-31 (property damage, 4 years)
• O.C.G.A. § 36-33-5 (notice to a city), § 36-11-1 (notice to a county) and § 50-21-26 (notice to the state); § 50-21-27 (suits against the state, 2 years)
• O.C.G.A. § 9-3-90 (minors) and § 34-9-80 and § 34-9-82 (workers' compensation)