You don’t get unlimited time to file a lawsuit after an accident.
Under the Arizona statute of limitations for car accident claims, you generally have just two years to take legal action.
Wait too long, and your case could get thrown out, no matter how strong your evidence is. That’s why it’s critical to know your deadline and act quickly.
At Tawney, Acosta & Chaparro P.C., our Phoenix auto accident lawyers understand that a crash can leave victims overwhelmed by medical bills, lost work, and insurance-related headaches.
We offer aggressive and capable representation built on decades of trial experience. We aim to hold negligent drivers accountable and help injured Arizonans get the justice they deserve.
This article will explain how Arizona’s deadlines work, how long after an accident you can sue, what exceptions might apply, and why fast action matters.
To arrange a free consultation, call (575) 222-1000 or connect with us through our website today.
Key Points
- Arizona car accident victims generally have two years from the date of the crash to file a lawsuit, and missing this deadline can permanently bar recovery.
- The statute of limitations ensures fairness by preventing old claims and preserving reliable evidence, but certain exceptions apply for minors, incapacitated individuals, or delayed injury discovery.
- Acting quickly and consulting a qualified attorney helps protect your rights, provides time to gather evidence, and can ensure your claim is filed before the deadline expires.
How Many Years After a Car Accident Can You Sue in Arizona?
The statute of limitations in Arizona for a car accident is two years from the date of the accident. If you fail to file within this timeframe, your case may be permanently barred, regardless of how strong your evidence is or how severe your injuries are.
Courts in Arizona strictly enforce the statute of limitations, so it’s crucial to speak with an attorney as soon as possible after the crash to protect your rights and preserve your ability to seek compensation.
Why Is the Statute of Limitations for a Car Accident Important?
The statute of limitations serves several purposes—both legal and practical:
- Preserves the integrity of evidence. Over time, memories fade, witnesses disappear, and records get lost. The deadline encourages timely investigation while facts are still fresh.
- Promotes finality. Legal systems value closure. At some point, both sides deserve to move on without the threat of a lawsuit hanging indefinitely.
- Encourages diligence. The law incentivizes injured parties to act promptly and diligently pursue their claims, thereby reducing the likelihood of fraudulent or stale cases.
- Protects defendants’ rights. Defendants have a right to defend themselves while evidence is still available. A deadline helps ensure a fair trial.
At their core, statutes of limitations uphold the credibility of our justice system, ensuring that legal claims are resolved in a way that protects everyone’s right to a fair trial.
Are There Exceptions to the Statute of Limitations in Arizona for Car Accident Claims?
Arizona law allows for certain exceptions that can pause the statute of limitations in specific circumstances. Here are the most common exceptions that may apply.
Discovery Rule
Sometimes, an injury caused by a car accident may not be immediately apparent. Under Arizona’s discovery rule, the two-year clock does not start until the injured person knows, or reasonably should know, of their injury and that someone else’s negligence caused that harm.
This rule ensures fairness in situations where delayed symptoms or previously unknown injuries become apparent after the crash.
Minors
If the person injured in a car accident is under the age of 18, the statute of limitations does not begin until their 18th birthday. In other words, minors have until they turn 20 years old to file a personal injury claim.
This exception acknowledges that minors cannot legally bring lawsuits on their own and gives them time to seek legal representation once they reach adulthood.
Legal Incapacity
If the injured person is legally incapacitated, the statute of limitations is paused until they regain their capacity. Once the person is no longer incapacitated, the two-year window begins to run.
Like the exception for minors, this rule ensures that vulnerable individuals are not unfairly barred from pursuing justice.
Out of State
If the at-fault party does not reside in Arizona or leaves after the accident and before the victim can file a lawsuit, the statute of limitations may be paused during the period of their absence.
This rule prevents defendants from avoiding legal accountability by temporarily moving out of state. Once the individual returns to Arizona, the clock resumes.
Frequently Asked Questions
Here are answers to the most commonly asked questions about the statute of limitations for a car accident in Arizona.
When Does the Clock Start?
For personal injury claims, the Arizona statute of limitations for a car accident typically starts on the date of the car accident. That means you have two years from that day to file a lawsuit in most cases.
However, if the accident results in wrongful death, the clock starts on the date of death instead.
What Happens If I Miss the Deadline?
If you try to file a lawsuit after the statute of limitations has expired, the court will generally dismiss the case. Even if the facts are in your favor, missing the deadline generally means losing your right to recover damages.
There are very few exceptions, and courts enforce this rule strictly. That’s why it’s crucial to act early and not assume you have plenty of time.
Do I Need an Attorney to Help Me File a Claim?
Legally, no, but practically, yes.
An experienced attorney can:
- Investigate your case thoroughly,
- Identify all at-fault parties,
- Preserve evidence before it disappears,
- Handle negotiations with insurance companies, and
- File your lawsuit within the proper deadline.
Even straightforward cases can become complicated fast. Having the right legal team from day one can reduce stress, avoid costly errors, and put you in the strongest position to get results.
Don’t Wait to Get Help: Protect Your Rights Today
Arizona’s car accident statute of limitations gives you two years to file a lawsuit, but waiting even a few months can put your case at risk. The sooner you act, the better chance you have of preserving evidence, protecting your rights, and securing the compensation you deserve.
With decades of combined legal experience, the attorneys at Tawney, Acosta & Chaparro P.C. understand how overwhelming life can feel after a serious crash. We provide experienced representation focused on supporting our clients every step of the way.
Let us evaluate your case, explain your options, and handle the legal burden so you can focus on recovery. Your initial consultation is always free, and we only get paid if we win.
Reach out online or by phone at (575) 222-1000 today to get started.
Alejandro Acosta
Mr. Acosta is a lifelong resident of El Paso. He graduated from Cathedral High School in 2000 and graduated from St. Mary’s University in San Antonio in 2004. Mr. Acosta went on to attend Sandra Day O’ Connor College of Law (Arizona State Law School). He graduated in 2008, receiving his J.D. and his Indian Legal Certificate for his work in Indian Law and dealings with various tribal nations throughout Arizona. Alejandro has been licensed to practice law in Texas since 2008 and has been licensed in the State of New Mexico since 2011.
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