The Arizona Car Accident Statute of Limitations
A “statute of limitations” is a state law that sets a strict time limit on the right to bring a lawsuit. These deadlines vary depending on the kind of harm you suffered.
(Note: the statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim—or at least give the insurer notice of an incident that could trigger a claim—”promptly” or “within a reasonable time” after the accident. That usually means a few days.
In Arizona, the statute of limitations that affects car accident lawsuits is the same as the larger one that applies to all personal injury cases. Specifically, Arizona Revised Statutes section 12-542 sets a two-year deadline for the filing of any civil case seeking a remedy for “injuries done to the person of another,” for “trespass for injury done to the estate or the property of another,” and for “injuries done to the person of another when death ensues from such injuries.”
So, after a car accident, the same two-year time limit would apply regardless of whether the legal remedy being sought is for injury, vehicle damage, or wrongful death, and whether the case is being filed by a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian. The two-year “clock” usually starts running on the date of the accident.
If you try to file your lawsuit after the two-year time window has closed, the court will almost certainly refuse to consider it, so it’s important to understand how the statute of limitations applies to your situation.
About Hutzler Law PLLC
If anyone has been injured, provide first aid measures until help arrives. If you can, photograph the damage to both vehicles, the scene, and your injuries. If you are unable to take photos, ask someone else if he or she can take pictures for you with your smartphone. Get the names and contact information of any witnesses who saw what happened.
Exchange information with the other driver, making certain to write down his or her name, contact information, registration information, and insurance information. If you can, photograph the driver’s license plate, driver’s license, insurance card, and registration paperwork. If the driver is belligerent, stay in your car until the police arrive and ask them to get the information for you. Never accept blame or say that the accident was your fault.
If you have been injured in a vehicle accident seek the advice of a car accident lawyer. In Phoenix contact Hutzler Law PLLC. In the Phoenix AZ area call (602) 730-4530 or visit us at HutzlerLaw.com
Article first published on
https://www.nolo.com/legal-encyclopedia/arizona-car-accident-laws.html
Originally posted on https://hutzlerlawfirm.wordpress.com/2022/05/02/the-arizona-car-accident-statute-of-limitations-2/
0 Comments