In Arizona, the general rule is that you have two years from the date of a car accident to file a personal injury lawsuit. This deadline is set by the Arizona statute of limitations (ARS § 12-542) and it is largely non-negotiable — miss it, and a court will almost certainly dismiss your case regardless of how strong your underlying claim is.

Why the Deadline Matters More Than People Think

Two years sounds like a long time. And in the early stages after a serious accident — when you are focused on medical treatment, returning to work, and rebuilding your life — it is easy to believe you have plenty of time. But the window closes faster than most people expect.

Consider the timeline: medical treatment can last six to twelve months. Reaching maximum medical improvement, gathering all records, documenting your damages, and negotiating with the insurer all take time. If negotiations fail and litigation is necessary, your attorney needs time to file, serve, and prepare before the deadline. Waiting until month 22 to contact an attorney leaves almost no room for maneuvering.

Important Exceptions and Tolling Rules

Several circumstances can modify the two-year deadline:

• Minor children — if the injured person is under 18, the statute of limitations generally does not begin running until they turn 18, giving them until age 20 to file
• Legal incapacity — if the injured person is mentally incapacitated at the time of the accident, the limitations period may be tolled until capacity is restored
• Delayed discovery — in rare cases where injuries were not discoverable at the time of the accident (more common in toxic exposure cases), the clock may begin at discovery rather than the accident date
• Defendant's absence from Arizona — if the at-fault party leaves Arizona after the accident, the period they are absent may not count against the limitations period

Government Entities: A Much Shorter Deadline

If your accident involved a government vehicle, a dangerous road maintained by a city or county, or any other government-related liability, the rules are dramatically different. Claims against Arizona state or local governments typically require a Notice of Claim to be filed within 180 days of the accident (ARS § 12-821.01). This is six months — not two years — and missing it typically bars your claim entirely.

Government entity cases include accidents involving city buses, county vehicles, ADOT-maintained roads with design defects, and municipal property. If a government entity may be involved in your accident, contact an attorney immediately.

Property Damage Claims

The two-year deadline applies to personal injury claims. For property damage only (vehicle repair or replacement), Arizona's limitations period is also generally two years from the date of the accident, though this depends on the specific nature of the claim.

Frequently Asked Questions

Does the statute of limitations apply if I am still negotiating with the insurance company?

Yes — absolutely. Insurance companies know the statute of limitations and some deliberately drag out negotiations hoping you will miss the deadline, which would eliminate their obligation to pay. Your attorney must file a lawsuit before the deadline regardless of where negotiations stand. Filing does not mean you go to trial — cases can still settle after a lawsuit is filed.

What if I did not realize I was seriously injured until months later?

The two-year clock generally starts on the accident date, not the date you realized the extent of your injuries. There is a narrow "discovery rule" exception in some circumstances, but it is not broadly applicable to typical car accident injuries. Waiting to seek legal advice because symptoms seemed minor is a significant risk.

Can the insurance company extend the deadline?

No — only a court can toll the limitations period under specific legal circumstances. An insurer's assurances that they are "still working on your claim" do not pause the clock. Get legal advice if the two-year deadline is approaching.

What if the at-fault driver died in the accident?

You would file a claim against their estate. The timeline rules are similar, though there are additional procedural steps involving the probate process. An attorney can navigate this.

Is the deadline the same for wrongful death claims?

Yes — Arizona's wrongful death statute of limitations is also two years under ARS § 12-542, running from the date of the victim's death rather than the date of the accident if those are different dates.

Injured in Arizona? Get a Free Case Review Today

Navigating a personal injury claim alone — especially against a well-funded insurance company — is difficult. Attorney Alec Caruso spent years on the inside defending insurance companies before switching sides to fight for Arizona injury victims. That insider knowledge is what he brings to every case.

Call Caruso Injury Law 24/7 at (602) 247-8600, or request your free case review online. You pay nothing unless we win.

This article was written and reviewed by Alec J. Caruso, Esq., licensed Arizona personal injury attorney.