How Long Do You Have to File a Car Accident Claim in Arizona?
Car accidents can be overwhelming. In the aftermath of a crash, you're juggling medical appointments, car repairs, missed work, and calls from insurance adjusters — and before you know it, months have passed. But there's one critical detail many accident victims overlook:
Arizona has a legal deadline for filing a car accident claim — and missing it could cost you everything.
In this guide, we’ll break down the car accident statute of limitations in Arizona, explain what that means for you if you're in Tempe, and why speaking with a Tempe personal injury attorney sooner rather than later can protect your right to compensation.
What Is the Statute of Limitations?
A statute of limitations is a legal deadline. It’s the amount of time you have to file a lawsuit after an incident — like a car crash.
If you miss that window, you may be permanently barred from pursuing a claim, no matter how strong your case is or how serious your injuries are.
Arizona’s Statute of Limitations for Car Accidents
Under Arizona Revised Statutes § 12-542, you generally have:
🚨 2 Years from the date of the accident to file a personal injury lawsuit.
This applies to:
Driver or passenger injuries
Pedestrian injuries
Motorcycle or bicycle accidents
Wrongful death (2 years from the date of death)
If you're filing a claim for property damage only (e.g., car repairs), the same 2-year rule applies.
Exceptions That Could Shorten the Deadline
Some situations come with shorter timeframes — especially if a government entity is involved.
If a government vehicle or employee was involved (e.g., Tempe Police, city bus, ADOT truck):
You must file a Notice of Claim within 180 days
You have 1 year to file a lawsuit
Miss that 180-day notice window, and you lose your right to sue — even if the driver was clearly at fault.
This is why it’s critical to speak with a Tempe accident lawyer right away if your crash involved a city or state vehicle.
What Happens If You Wait Too Long?
Let’s say you were hit by a distracted driver at the intersection of Mill & Southern. You didn't feel hurt at first, but over time you started experiencing chronic neck and back pain.
You try to file a claim 2 years and 1 week after the crash. What happens?
The court will likely dismiss your case
The insurance company will refuse to negotiate
You could be left paying for all medical bills and damages out of pocket
Even if your injuries are serious, the court won’t make exceptions for missed deadlines — unless very specific legal criteria are met.
When Does the Clock Start Ticking?
Usually, the 2-year countdown begins on the day of the accident. However:
For wrongful death claims, it starts on the day the person passes away
For minor children, the clock may be paused until they turn 18
In some rare cases, a delay in discovering an injury may affect the start date (but this is difficult to argue)
Bottom line: Always assume the clock starts the day of the crash — and act quickly.
What If I’m Still Dealing with Insurance?
Here’s a common misconception:
“I’m negotiating with the insurance company, so I don’t need to worry about the deadline yet.”
Wrong. Insurance companies can drag out negotiations hoping you’ll miss the statute of limitations — at which point, your leverage disappears.
A skilled Tempe car accident attorney will keep negotiations moving while preserving your legal rights with the proper filings.
How a Lawyer Helps You Stay on Track
Your attorney will:
File your claim before any deadlines expire
Identify if special rules apply (e.g., government claims, minors)
Handle all legal paperwork and court filings
Negotiate with insurers while protecting your time-sensitive rights
Ensure you don’t miss compensation due to a technicality
Don’t Let Time Run Out
⏰ 2 years sounds like a long time — until it’s not.
Here’s how that time can fly by:
6 months of medical treatment
3 months of physical therapy
4 months of negotiation
2 months of delay waiting on paperwork
Suddenly, you're out of time
Key Takeaways
✅ You have 2 years to file a car accident lawsuit in Arizona
⏳ If a government vehicle is involved, you may only have 180 days
❌ Miss the deadline, and your claim may be permanently barred
📞 Early legal help ensures you don’t miss your window to recover damages
Ready to Take Action?
If you've been injured in a crash and are wondering how much time you have left, don’t guess — get answers.
Talk to a trusted Tempe personal injury attorney today. We’ll review your case, explain your options, and make sure you don’t miss the chance to recover what you’re owed.
