Getting into a car accident can turn your life upside down, especially when dealing with injuries and mounting bills. If you were hurt in a crash here in Tucson, Arizona, the most crucial thing to figure out right away is how much time you have to file a lawsuit. If you miss that deadline, you could lose your chance at getting the financial help you need. In this article, let’s see the legal time limits, any possible exceptions, and the practical steps you need to take to protect yourself.
What is the Statute of Limitations in Arizona?
In Arizona, the statute of limitations which is the legal deadline to file a lawsuit depends on the type of claim you are pursuing. For most personal injury cases stemming from car accidents, Arizona gives you two years from the date the cause of action accrues to file a lawsuit.
This two-year “clock” usually starts on the date of the collision itself. If you miss that deadline, the court will very likely dismiss your case, making it impossible to obtain compensation through litigation.
Exceptions That Can Shorten or Extend the Deadline
While the two-year limit applies broadly, there are important exceptions to be aware of:
Claims Against Government Entities
If your accident involves a public entity or public employee like a city vehicle, the rules change. Under 12-821.01, you must file a notice of claim within 180 days of the accident. After that, you have one year from the date of the incident to file a lawsuit. Missing that notice window can bar your claim entirely.
Delayed Discovery of Injury
Sometimes injuries from a crash aren’t apparent immediately. Under Arizona law, the statute of limitations may be “tolled” until the date you discover your injury or when a reasonably diligent person should have discovered it. This exception can be vital if symptoms appear days, weeks, or even months later, but proving when you “should have known” can be legally complex.
Minors
If a child under 18 is injured in a car accident, the statute of limitations does not begin to run against them until they turn 18. From their 18th birthday, they then generally have two years to file a claim.
Uninsured/Underinsured Motorist Claims
If the other driver lacks sufficient insurance, different rules apply. Under 12-555, an uninsured motorist claim generally requires written notice to your own insurer within three years of the accident or within three years of when you reasonably should have known the other driver was uninsured or underinsured.
Why Timing Matters
Missing the deadlines for filing a claim can completely bar your right to recover damages. Once the statute of limitations expires, courts are likely to refuse even a well-deserved case. Even if you're in settlement discussions with an insurance company, the statute of limitations still matters. Insurance companies may drag out negotiations, but they know that once the legal clock runs out, your leverage vanishes.
What You Should Do After a Tucson Accident
Document Everything
Take photos of the scene, your injuries, and any vehicle damage. Collect contact information from witnesses. Report the crash to the police and make sure you ask for a copy of the accident report.
Seek Medical Attention
Even if injuries seem minor, get evaluated by a medical professional. Some injuries manifest later, and having a documented diagnosis can be essential later on.
Notify Your Insurer Promptly
There’s no strict legal deadline under Arizona law for reporting to your insurance, but delaying can jeopardize your claim or make the process harder.
Contact an Attorney Early
To preserve your rights and ensure you don’t miss critical deadlines, it’s wise to consult legal counsel soon after your accident. For example, a Tucson Car Accident Lawyer can help you understand your case, handle the paperwork, and help you through filing before the statute of limitations expires.
Endnote
If you've been injured in a car accident in Tucson, act quickly. The two-year statute of limitations under Arizona law applies to most personal injury and property damage claims. But if your case involves a public entity, uninsured driver, or minor, or if your injuries weren’t immediately obvious, the rules could be different.
Missing your window to file can permanently limit your ability to recover, so don’t delay in seeking legal advice. A qualified attorney can help protect your rights and make sure your claim is filed on time.
