What Happens If You Miss the Filing Deadline After a Crash in Tempe?
You were in a car accident in Tempe. Time passed. Life got busy. And now you're wondering—did I miss the deadline to file a claim?
It’s a gut punch no one wants to deal with. But it happens more than you think.
And the truth is: missing Arizona’s filing deadline doesn’t always mean your case is dead. But it does mean you’re in dangerous legal territory.
Whether you were injured in a DUI accident, hit by an uninsured driver, or dealing with delayed symptoms after a TBI, understanding Arizona’s statute of limitations is critical to protecting your right to compensation.
In this post, we’ll break down:
Arizona’s personal injury deadlines
What happens if you miss them
Whether exceptions apply
What you can do right now to preserve your options
And if you already know you’re cutting it close, start with a call to a Tempe car accident lawyer who knows how to fix filing mistakes fast. You may still have options—if you move quickly.
What’s the Deadline to File an Accident Claim in Arizona?
Arizona’s statute of limitations for car accident cases is two years from the date of the crash.
That applies to:
Personal injury claims
Property damage claims
Wrongful death claims (from the date of death, not crash)
You can confirm this under ARS § 12-542 or view court timing info at azcourts.gov. But don’t confuse the deadline to report a crash with the deadline to file a lawsuit.
Missing that filing date? You may lose all rights to compensation—even if your injuries are severe.
What If I Was Hit by a Government Vehicle in Tempe?
This is where it gets tricky.
If your crash involved a:
City of Tempe truck, bus, or van
ASU vehicle
Police cruiser or fire department
Any other government-operated vehicle
...you have just 180 days (6 months) to file a “Notice of Claim” with the correct government agency under Arizona’s tort claims statute.
That’s a hard deadline. Miss it, and your case is likely barred—no matter how valid your injuries are.
You can explore filing instructions at tempe.gov or az.gov, but this is where talking to a lawyer becomes essential. The forms and procedures are extremely technical.
What Actually Happens If You Miss the Deadline?
If you try to file a lawsuit after the statute of limitations has passed, here’s what happens:
The defense (usually an insurance company) files a motion to dismiss.
The court reviews the case and the timeline.
If you’re clearly past the deadline, the case is thrown out—with prejudice. That means it’s over. No refiling.
Even if the facts are on your side. Even if your injuries are catastrophic.
That’s why we always advise crash victims to speak with a Tempe car accident attorney well before the two-year mark—ideally within 30–90 days of the crash.
Are There Any Exceptions?
Yes—but they’re narrow.
A few scenarios where Arizona law may extend or pause the statute of limitations:
1. Delayed Discovery of Injury
Some injuries (like soft tissue damage or TBIs) may not show symptoms until weeks or months later. In rare cases, this may allow for a delayed start to the statute.
2. Minors Involved
If the injured person is under 18, the clock doesn’t start until they turn 18—giving them until age 20 to file.
3. Mental Incapacity
If the victim was mentally incapacitated (due to the crash or otherwise), the statute may be tolled.
4. Out-of-State Defendant
If the person who hit you left Arizona after the crash, the statute may pause while they’re out of state.
But don’t count on these without proof. Courts demand documentation—and insurance companies will fight hard to shut those arguments down.
Real Talk: Why Do People Miss the Deadline?
We’ve seen it all:
The crash seemed “minor” at first, but pain worsened
Bills got overwhelming, and filing took a back seat
They thought the adjuster would “work it out”
They didn’t know about the 180-day notice for city vehicles
Life got in the way—work, family, stress
One client from Escalante came to us 22 months after their crash. They had no idea they were close to losing everything.
We filed a demand package within days, forcing the insurer to respond before the deadline passed. Had they waited another month, their $85,000 claim would have been worthless.
Can a Lawyer Still Help If I’m Late?
Sometimes.
If you're within a few weeks of the deadline—or just barely missed it—there may still be legal strategies to explore.
What we can do:
Review your records and any “discovery” arguments
Investigate whether any tolling exceptions apply
Determine if you filed a notice with the wrong agency
File last-minute demands or notices under emergency timeline
But time is the enemy. If you think you’re past the deadline, call now. Even a free consultation can give you clarity.
What You Should Do Right Now
If you’re reading this and worried you might be out of time, here’s your move:
Check the crash date—is it within 2 years (or 180 days if government-involved)?
Gather records—ER visits, police reports, insurance emails, bills.
Call a Tempe attorney today—we’ll review everything with no charge.
Avoid filing anything solo—you could burn your last chance if it’s done wrong.
The Clock May Be Ticking—But It Hasn’t Hit Zero Yet
Most crash victims don’t miss their deadlines because they’re careless. They miss them because they didn’t know the rules—or thought they had more time.
Don’t let that be you.
If you were hurt in a crash near South Tempe, as a pedestrian, or in any accident where fault and damage are still unresolved, this is your moment to take action.
You only get one shot at a claim. Let’s make sure the door doesn’t close before you’re ready to walk through it.
