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After a car accident, filing a lawsuit is probably not the first thing on your mind. Medical appointments, vehicle repairs, missed work, insurance calls, and everyday responsibilities can quickly consume your attention.
Time, however, matters.
Arizona law establishes deadlines for bringing legal actions after someone is injured in a motor vehicle accident. Missing an applicable deadline can prevent an injured person from pursuing compensation through a lawsuit, regardless of how significant the injuries may be.
At Skousen, Gulbrandsen & Patience, PLC, we encourage accident victims to understand these deadlines early. You do not need to wait until a deadline approaches to investigate your accident, preserve evidence, or understand your legal options.
A statute of limitations establishes the amount of time someone has to initiate a particular type of legal action.
Different claims can have different deadlines. The applicable period depends on the type of case, the parties involved, when the cause of action accrued, and other circumstances.
For most people injured in Arizona car accidents, one of the most important provisions is Arizona Revised Statutes § 12-542.
The statute provides a two-year limitations period for several types of actions, including injuries to a person and injuries to property. It also addresses injuries that result in death.
That does not mean every accident-related matter should simply be treated as having a two-year deadline. Exceptions and special rules can change the analysis.
Under A.R.S. § 12-542, an action for injury to another person generally must be commenced and prosecuted within two years after the cause of action accrues.
For a typical car accident injury claim, this often means the injured person has two years to file a lawsuit.
Consider a simplified example.
If a collision occurs on July 15, 2026, the general two-year limitations period may require a personal injury lawsuit to be filed by July 15, 2028.
That example should not be used to calculate the deadline in a specific case. Facts and exceptions can affect when a claim accrues or what deadline applies.
The safest approach is to identify the applicable deadline based on the specific circumstances rather than assuming every car accident automatically receives exactly two years.
No.
This distinction is extremely important.
An insurance claim and a lawsuit are separate processes. Reporting an accident to an insurance company or negotiating with an adjuster does not mean you have filed a lawsuit in court.
After an accident, you may spend months communicating with an insurer about:
Those discussions can create the impression that the claim is actively progressing. But an approaching statute of limitations can still become an issue.
Do not assume that ongoing settlement negotiations automatically protect the deadline for filing a lawsuit.
Arizona's statute also addresses injuries to property.
A.R.S. § 12-542 includes actions for injury to property within its two-year limitation.
A single collision can therefore create several categories of damages. You may have physical injuries as well as damage to your vehicle and personal property.
Keeping records of vehicle repairs, estimates, photographs, towing charges, rental expenses, and other accident-related costs can help document those losses.
Fatal motor vehicle accidents can involve wrongful death claims and different questions concerning when the applicable cause of action accrues.
Arizona's two-year statute specifically addresses an injury to a person when death results from that injury. The statute states that such an action is considered to accrue at the death of the injured person.
Wrongful death cases can involve significant legal and procedural issues, including questions about who may bring the claim and what damages may be available.
Families dealing with a fatal collision should not rely on a general online deadline calculation. The specific circumstances should be evaluated carefully.
One of the most important exceptions involves claims against public entities or public employees.
Imagine that your accident involves:
The ordinary two-year framework should not be assumed to apply in the same way.
Under Arizona Revised Statutes § 12-821.01, a person with a claim against a public entity, public school, or public employee generally must file a notice of claim with the appropriate authorized person within 180 days after the cause of action accrues.
The notice must contain information sufficient for the public entity or employee to understand the basis of the claimed liability. Arizona law also requires the notice to include a specific settlement amount and facts supporting that amount.
Failing to comply with this requirement can bar the claim.
There is another deadline to consider. Arizona Revised Statutes § 12-821 provides that actions against a public entity or public employee must generally be brought within one year after the cause of action accrues.
These substantially shorter time periods demonstrate why identifying every potentially responsible party early can be critical.
Even when the general two-year Arizona car accident statute of limitations applies, waiting until the deadline approaches can create serious practical problems.
A strong case depends on evidence, and evidence does not always remain available indefinitely.
Witnesses may remember an accident clearly immediately after it happens.
Months later, small but important details may become harder to recall. Witnesses can also move or change their contact information.
A collision may have been recorded by:
Some systems automatically overwrite older recordings. Waiting months to investigate can mean footage that once existed is no longer available.
Vehicle damage can provide important information about how a collision occurred.
Once vehicles are repaired, sold, salvaged, or destroyed, opportunities to inspect physical damage may be lost.
Construction, signage, vegetation, lane markings, lighting, and other roadway conditions can change over time.
Photographs and early investigation can preserve information about how the scene appeared when the collision occurred.
Evidence is not limited to the accident scene.
Medical records can play an important role in documenting the nature and extent of injuries.
After a serious collision, treatment may include:
Some injuries also require time before doctors can fully understand their long-term effects.
Starting the claims process early does not mean you must immediately know the final value of your injuries. It allows relevant records and evidence to be collected while your medical condition develops.
Do not assume that an insurance company will warn you that a legal deadline is approaching.
An insurer may continue investigating or negotiating a claim while time passes.
Settlement discussions can include requests for additional medical records, evaluations of damages, liability disputes, and exchanges of offers and counteroffers. None of those activities should be treated as a substitute for independently determining the deadline that applies to your case.
If negotiations are continuing as the applicable deadline approaches, legal action may be necessary to preserve the claim.
Arizona law contains circumstances that can affect limitation periods.
For example, special provisions may apply when an injured person is a minor or under certain legal disabilities. Claims involving public entities have separate notice and filing requirements. Other facts can also affect when a particular cause of action accrues or whether another statute applies.
Because exceptions are highly dependent on the circumstances, accident victims should avoid relying on a generic deadline calculator.
Knowing the accident date is only the beginning of the analysis.
An attorney can identify potential defendants, determine which statutes may apply, investigate the collision, preserve available evidence, and track important legal deadlines.
This becomes particularly important when it is not immediately obvious who may be responsible.
A crash involving a commercial vehicle, government vehicle, multiple drivers, defective component, or dangerous roadway condition may require investigation beyond the driver who appeared to cause the collision.
Identifying those issues early provides more time to investigate the claim properly.
Arizona's car accident statute of limitations can have serious consequences.
For many personal injury and property damage actions, Arizona law provides a general two-year limitation period. Claims against public entities or employees can involve dramatically shorter requirements, including a 180-day notice-of-claim requirement and a one-year limitation for bringing an action.
The most important takeaway is simple: do not wait until the final weeks before a deadline to start asking questions.
At Skousen, Gulbrandsen & Patience, PLC, we represent people injured in motor vehicle accidents throughout Phoenix, Mesa, and communities across Arizona. Our attorneys can review the circumstances of an accident, identify potentially applicable deadlines, preserve important evidence, and help clients understand their options for pursuing compensation.
If you have been injured in an Arizona car accident and are unsure how much time you have to pursue a claim, contact our team to discuss your situation.
Photo by Jonathan Schmer