Car Accident Statute of Limitations in Georgia
Last verified 2026-07 · Source: O.C.G.A. § 9-3-33 ✓ verified · 3 sources
The deadline
2 years
from The two-year clock generally starts on the date of the accident, which is when the right of action accrues under O.C.G.A. § 9-3-33., under O.C.G.A. § 9-3-33.
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The deadline to file a car accident lawsuit in Georgia is 2 years, set by O.C.G.A. § 9-3-33. It starts running on The two-year clock generally starts on the date of the accident, which is when the right of action accrues under O.C.G.A. § 9-3-33.. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Georgia Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | O.C.G.A. § 9-3-33 |
| Credit Card Debt | 6 yrs | O.C.G.A. § 9-3-24 |
| Medical Malpractice | 2 yrs | O.C.G.A. § 9-3-71 |
| Wrongful Death | 2 yrs | O.C.G.A. § 51-4-1 et seq.; O.C.G.A. § 9-3-33 |
| Personal Injury | 2 yrs | O.C.G.A. § 9-3-33 |
| Dog Bite | 2 yrs | O.C.G.A. § 51-2-7 (vicious animal liability); SOL: O.C.G.A. § 9-3-33 |
| Slip and Fall | 2 yrs | O.C.G.A. § 9-3-33 |
| Defamation | 1 yr | O.C.G.A. § 9-3-33 |
| Breach of Contract | 6 yrs | O.C.G.A. § 9-3-24 |
| Medical Debt | 6 yrs | O.C.G.A. § 9-3-24 |
When the Clock Starts
In Georgia, the limitations period for car accident lawsuits generally begins on The two-year clock generally starts on the date of the accident, which is when the right of action accrues under O.C.G.A. § 9-3-33.. Georgia does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: An ante litem notice is required before suing a government entity: 6 months for municipalities (O.C.G.A. § 36-33-5), 12 months for counties (O.C.G.A. § 36-11-1), and 12 months for the State under the Georgia Tort Claims Act (O.C.G.A. § 50-21-27(a)).
- Damage caps: Georgia imposes no statutory cap on compensatory damages in ordinary motor-vehicle personal-injury cases.
Georgia's personal-injury (including car-accident) filing deadline is 2 years from the date of injury under O.C.G.A. § 9-3-33. For minors, the limitation period is tolled during minority and generally begins running when the injured person turns 18 (O.C.G.A. § 9-3-90). The State of Georgia's Official Code (O.C.G.A.) is published only through LexisNexis's commercial platform, whose section pages use non-durable session URLs and no free durable .gov page exists, so Justia's current-edition page is used as the authoritative free source (no_free_official=true). The prior draft's municipal ante litem period was corrected from 12 months to 6 months.
Source: O.C.G.A. § 9-3-33, official Georgia statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Georgia government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Georgia Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Georgia | 2 years | O.C.G.A. § 9-3-33 |
| Florida | 2 yrs | Fla. Stat. § 95.11(5)(a) |
| Alabama | 2 yrs | Ala. Code § 6-2-38(l) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52(5), (16) |
| South Carolina | 3 yrs | S.C. Code § 15-3-530(5) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Georgia?
You have 2 years from The two-year clock generally starts on the date of the accident, which is when the right of action accrues under O.C.G.A. § 9-3-33., under O.C.G.A. § 9-3-33.
Can I still sue after 2 years in Georgia?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Georgia generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
An ante litem notice is required before suing a government entity: 6 months for municipalities (O.C.G.A. § 36-33-5), 12 months for counties (O.C.G.A. § 36-11-1), and 12 months for the State under the Georgia Tort Claims Act (O.C.G.A. § 50-21-27(a)).
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Sources
- Official Georgia Code § 9-3-33 (2024) - Injuries to the person; injuries to reputation; loss of consortium; exception :: Justia (current-edition free authoritative source; used as official because the State's O.C.G.A. is published only on commercial LexisNexis with non-durable session URLs)
- Corroborating Georgia Code Title 9. Civil Practice § 9-3-33 - FindLaw Codes
- Corroborating Georgia Personal Injury Laws and Statutes of Limitations - Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Georgia attorney.