Understanding Georgia’s Statute of Limitations for Car Accident Claims in Macon

• March 6, 2025
• Attorney David Mann
• Car Accidents

The scenario:  You were in a car accident three years ago and didn’t think it was serious enough to warrant a personal injury lawsuit.  You didn’t seem to have sustained any injuries at the time and did not get medical attention at the accident scene. Three years later, however, you start to feel pain in your back, and you are having a hard time remembering simple information. A doctor informs you that this could be a result of your car accident three years ago.  Unfortunately, you are probably too late to file a personal injury claim because the statute of limitations for personal injuries in Georgia is two years.

Generally speaking, a statute of limitations is the time within which you can file a lawsuit. There are different statutes of limitations for different types of claims, and the time frames vary for each state. The bottom line is: You must file a claim within the statute of limitations or your case will most likely be thrown out and you will not receive compensation for your injuries. There are some exceptions to the law, but, generally, courts have a strict interpretation.

This blog post will help you understand Georgia’s statute of limitations for car accident claims in Macon.

Georgia’s Statute of Limitations for Car Accidents

Georgia statute O.C.G.A. § 9-3-33 outlines the two-year statute of limitations for car accident claims. This means you have up to two years after the accident to file a claim. Lawmakers created the statute of limitations so that those injured will file their claim while the case is fresh in their mind and so that potential defendants will not be in limbo indefinitely.

We always tell our clients to file a claim as soon as possible after a car accident. We say this for many reasons, including getting compensation quickly after the accident and not running into the statute of limitations.

The statute of limitations starts on the day of the car accident, not when you are released from the hospital and not when you first contact the insurance company.

Exceptions to the General Rule

As we mentioned, there are some exceptions to the two-year statute of limitations for car accidents in Georgia. Some of those exceptions are:

• The injured victim is a minor – If the injured driver is under 18 years of age, the two-year statute of limitations is put on hold, or “tolled,” until they turn 18.
• Mentally incapacitated individuals – If the injured person is deemed to be mentally incompetent, the statute of limitations does not start running until they regain competency.
• Wrongful death claims – A wrongful death claim against a defendant has a two-year statute of limitations, but the time starts on the date of death, not the date the accident occurs.

Why You Shouldn’t Wait to File

We tell our clients to file a personal injury claim as soon as possible after the date of the accident. The disadvantages of waiting to file are:

• Evidence disappears – In the days after a car accident, the scene is fresh in your mind and that of any eyewitnesses at the scene.  Also, the longer you wait to file a claim, the more likely it is that evidence (debris, videos, pictures, police reports, and medical records) will deteriorate or disappear.
• Insurance companies gain leverage – You give insurance companies the upper hand if you wait to file a claim. They have more time to gather evidence against you.  Waiting also may give them an advantage in settlement negotiations.
• Risk missing a deadline – The more time that goes by after a car accident, the more likely you are to get caught by the statute of limitations.  Unless you fall into the small percentage of exceptions, you will miss the opportunity to get compensated for your injuries.

How a Macon Car Accident Lawyer Can Help

Hiring an experienced Macon car accident lawyer for your case is very important for a successful outcome. Many people think they can fight alone against large, well-funded insurance companies. The fact is, they have experienced lawyers on their side, and you should as well. More specific reasons to hire a lawyer for your case include:

• To determine the applicable deadline – Your lawyer will go over your case and determine the timeline for your case, applying the appropriate statute of limitations.
• Evidence gathering – Speaking to a lawyer as soon as possible after an accident will allow them to gather evidence while it is available and store it in a secure place.
• Filing your claim on time – Your car accident lawyer will make sure that your claim is well-prepared and that it and all other documents are filed on time.
• Negotiating with insurance companies – Your lawyer will negotiate a fair settlement with the insurance companies so you don’t have to while you are trying to recover from your injuries.
• Filing a lawsuit if necessary – If a settlement cannot be reached with the insurance companies, your lawyer can file a lawsuit in court.

We hope that this blog post helped you understand Georgia’s statute of limitations for car accident claims in Macon. The statute of limitations is one of the most important aspects of your case because, if you miss it, your case will most likely be thrown out.

Call the Macon Car Accident Lawyers at the Mann Law Firm Today to Discuss Your Case

It is important to speak to a lawyer as soon as possible after a car accident. The two-year statute of limitations in Georgia is a hard deadline, and your case will be thrown out if you file too late. The attorneys at the Mann Law Firm understand the importance of filing a claim quickly; David Mann used to work as in-house defense counsel for a large insurance company, so he knows the tactics they use to settle claims for less than they are worth.  Call us today at (478) 742-3381. At the Mann Law Firm, you always come first.