What Happens If You Miss the Statute of Limitations in an Arizona Crash Claim?
If you’ve been injured in a car accident in Tempe, time is not on your side. Arizona law gives crash victims a specific window of time to file a claim in court. This legal deadline is known as the statute of limitations, and missing it can be a critical—and sometimes irreversible—mistake.
Whether the crash happened on University Drive or while navigating traffic near Meyer Park, your ability to secure compensation may disappear if you wait too long. If you’re unsure whether you’re still eligible to file, the sooner you review your case with a car accident lawyer, the better your chances of keeping your rights intact.
What Is the Statute of Limitations for Car Accidents in Arizona?
Arizona law (specifically A.R.S. § 12-542) states that a person has two years from the date of the accident to file a personal injury lawsuit. This applies whether the crash caused:
Physical injuries
Property damage
Emotional distress
Lost wages or reduced earning capacity
For most Tempe drivers, that two-year countdown starts the day of the collision. If the claim is filed even one day after the deadline, the court will likely dismiss it—regardless of how severe the injuries are.
Does the Statute Apply to All Claims?
Yes, the two-year rule applies to most civil actions resulting from a car crash. However, some cases are more time-sensitive, such as those involving:
Government entities (like city-owned vehicles or Tempe sanitation trucks): You may have as little as 180 days to file a notice of claim under Arizona’s laws on public liability. If your case involves a public vehicle, check out our article on filing a claim against the City of Tempe.
Wrongful death claims: The two-year clock starts from the date of death, not the date of the crash.
Minors: If the injured person is under 18, the statute may be “tolled,” meaning it doesn’t start running until their 18th birthday.
Understanding exactly when the statute begins is crucial—especially in more complex scenarios like hit-and-run accidents or crashes involving uninsured drivers.
What Happens If You Miss the Deadline?
Missing the statute of limitations usually results in your case being dismissed by the court. This means:
You lose your right to pursue damages in court
The insurance company has no incentive to negotiate further
You absorb the financial burden of medical bills, lost wages, and vehicle repairs
Once the window closes, it doesn’t matter how legitimate your injuries are or how clearly the other driver was at fault. The law bars your claim entirely unless a narrow exception applies.
Exceptions That Could Extend the Deadline
While rare, there are a few limited exceptions that might “pause” or extend the statute:
1. Delayed Discovery of Injury
If you didn’t discover the injury until later—for instance, if a TBI or spinal issue wasn’t diagnosed right away—the two-year clock may start from the date of discovery, not the accident date. But this is difficult to prove and rarely accepted without strong medical documentation.
2. The Defendant Leaves the State
If the person who caused the crash leaves Arizona for a substantial period, that absence may pause the clock.
3. Fraud or Concealment
If the at-fault party actively hid their identity or tried to prevent you from filing, the deadline may be adjusted. This could apply in some hit-and-run scenarios, but you’ll need to show clear evidence of the deception.
What If You Were Negotiating With Insurance?
One of the most common traps Tempe crash victims fall into is prolonged negotiations with an insurance adjuster. They assume that just because they’ve been talking with the insurer, they’re safe.
But insurance negotiations do not stop the statute of limitations. Unless a lawsuit has been formally filed in court or the other side agrees in writing to extend the deadline, the two-year clock keeps ticking.
Why It’s Risky to Wait Too Long
Aside from the legal deadline itself, waiting too long also harms your case in other ways:
Witness memories fade
Video surveillance may be deleted
Vehicle damage may be repaired, erasing important physical evidence
Medical records may become harder to obtain or link to the crash
Whether your injuries are soft tissue or something life-altering like paralysis, early documentation is key to building a strong case.
What You Should Do If the Deadline Is Approaching
If you're nearing the two-year mark—or suspect you might already be past it—don’t panic, but don’t delay further. Start by:
Gathering your crash report, medical records, and any claim correspondence
Determining the exact date of the crash (or death/injury discovery if applicable)
Reviewing your insurance communications to confirm whether a lawsuit was filed
Visit our legal resources page for guides on how to begin the claim process and check if any legal deadlines may still be open to you.
Final Thoughts
The statute of limitations is more than just red tape—it’s a hard line that can determine whether you recover compensation or walk away with nothing. Arizona law is strict about this deadline, and Tempe drivers who wait too long to take action often find their options have vanished.
If you think you may be running out of time, don’t let uncertainty stop you. Get clarity on your timeline and your rights before the clock runs out.
