Drivers in Arizona are required to have auto accident insurance. And just like every other U.S. state, Arizona has a statute of limitations. This basically means that if you want to file a standard auto accident claim, you have two years in which to file a lawsuit.
If a family member dies as a result of an auto accident, the family has two years from the date of death to file a wrongful death lawsuit.
Remember, the value of your total damages can include:
- Medical bills (past and future);
- Pain and suffering;
- Lost wages;
- Funeral expenses;
- Car parts, repairs, and replacement;
- Rental car expense during repairs; and,
- Towing costs.
If you don’t file your lawsuit within the statute of limitations, the court will most likely not allow you to file your claim at all.
Statute of Limitations Further Defined
The wording for the Arizona statute of limitations says your car accident claim must be “…commenced and prosecuted within two years after the cause of action accrues.” This includes:
- Conversion of property (if your car suffers damage when someone else was driving without permission).
- Injuries to another person when death results (loss of a spouse’s/parent’s income, etc. as a result of an auto accident).
- Punitive damages (claim filed because insurance settlement will not compensate for your damages/injuries).
However, it is important to note that even though a statute of limitations may require that a personal injury lawsuit be filed within a certain amount of time after an accident or injury occurred, the clock doesn’t start ticking until the moment the person filing suit knew (or should have reasonably known) that they had suffered harm, and the nature of that harm.
When the 2-Year Statute Does Not Apply
A standard auto accident claim has a two-year statute of limitations. Other types of claims have more – or less – time:
- A minor child’s (not the parents’) statute of limitations begins on her or his eighteenth birthday and is 2 years. The parents have to file a claim for their child’s car accident losses within two years from the date of the accident.
- If you must deal with a claim against an uninsured or underinsured motorist, you have a 3-year statute of limitations.
- If your auto accident is job-related, you have one year to get a workers’ compensation assignment.
- In Arizona, if you are filing a claim against a city, state, or federal organization, you have only 6 months from the date of the accident to file your lawsuit.
Arizona’s Car Accident Claims Attorney
When you need a Phoenix area car accident claims attorney, you want to work with a well-established personal injury law firm with a proven track record for getting results. At Lerner & Rowe Injury Attorneys, our Phoenix-based legal team has the experience and knowledge to help you get the fair and equitable compensation that you deserve following an auto, motorcycle, or any type of vehicular personal injury incident.
Our attorneys have earned multiple awards for being trustworthy, caring, responsible, and effective. Call 602-977-1900 or contact us today about your car accident claim. The call is free. The consultation is free. You also pay no attorney fees until you win compensation for your injuries and other damages.