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Georgia crash-claim deadlines

Last updated . Sources checked

Contents
  1. Different notices for government claims
  2. Tolling is not automatic extra time
  3. Insurance procedure is another question
  4. Related entries
  5. References
Georgia crash-claim deadlines
General personal injuryTwo years from accrual, subject to exceptions[1]
General personal propertyFour years from accrual[2]

A statute of limitations sets the time for bringing a lawsuit. Georgia's general personal-injury provision requires filing within two years after the right of action accrues, subject to exceptions. The general personal-property provision allows four years. These are starting points for analysis, not a complete calendar for every crash.[1][2]

Different notices for government claims

Municipal claims covered by O.C.G.A. 36-33-5 require written presentation within six months of the event. County claims are subject to a separate 12-month presentation provision. For tort claims against the state under the Georgia Tort Claims Act, the notice statute generally requires written notice within 12 months after discovery, or when the loss should have been discovered. Each statute has its own conditions.[3][4][5]

Tolling is not automatic extra time

O.C.G.A. 9-3-99 provides tolling for certain tort claims brought by victims of alleged crimes arising from the relevant facts, until prosecution becomes final or otherwise terminates, subject to its stated limit and exception. It should not be reduced to "every traffic citation adds years." Whether the provision applies requires examination of the claim and proceedings.[6]

Insurance procedure is another question

The UM statute contains service provisions for the insurance carrier in litigation. A general two-year personal-injury summary does not answer those service questions or the content and delivery requirements for government notice. Anyone facing a possible deadline should obtain case-specific advice before relying on a general reference period.[7][1][5]

References

  1. abc O.C.G.A. 9-3-33: personal-injury limitation period. Justia. https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-33/. independent. Checked . Source record
  2. ab O.C.G.A. 9-3-31: personal-property limitation period. Justia. https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-31/. independent. Checked . Source record
  3. ^ O.C.G.A. 36-33-5: claims against municipalities. FindLaw. https://codes.findlaw.com/ga/title-36-local-government/ga-code-sect-36-33-5/. independent. Checked . Source record
  4. ^ O.C.G.A. 36-11-1: presenting claims against counties. FindLaw. https://codes.findlaw.com/ga/title-36-local-government/ga-code-sect-36-11-1/. independent. Checked . Source record
  5. ab O.C.G.A. 50-21-26: notice of state tort claims. Justia. https://law.justia.com/codes/georgia/title-50/chapter-21/article-2/section-50-21-26/. independent. Checked . Source record
  6. ^ O.C.G.A. 9-3-99: tolling for victims of alleged crimes. Justia. https://law.justia.com/codes/georgia/title-9/chapter-3/article-5/section-9-3-99/. independent. Checked . Source record
  7. ^ O.C.G.A. 33-7-11: uninsured motorist coverage. Justia. https://law.justia.com/codes/georgia/title-33/chapter-7/section-33-7-11/. independent. Checked . Source record