Arizona Statute of Limitations
Arizona Statute of Limitations for Personal Injury Claims: How Long You Have to File
Most Arizona personal injury claims must be filed within two years of the injury under A.R.S. 12-542. That is the Arizona statute of limitations personal injury victims run into most often, and it applies to car crashes, falls, and most other injuries. Claims against a city, the state, or another public entity have a much shorter notice deadline of 180 days, so the right answer depends on who caused your injury.
Reviewed by Charles Paglialunga, Esq.
- Personal injury
- 2 years from the injury
- A.R.S. 12-542(1)
- Property damage
- 2 years
- A.R.S. 12-542(3)
- Wrongful death
- 2 years from the date of death
- A.R.S. 12-542(2)
- Public entity notice
- 180 days after the claim accrues
- A.R.S. 12-821.01
How Long to Sue After a Car Accident: The Two-Year Rule Under Arizona Law
In Arizona, the Arizona car accident statute of limitations and filing deadlines follow a strict two-year rule under A.R.S. 12-542. Victims of car accidents throughout the Phoenix metro have exactly two years from the date of their collision to file a civil lawsuit, or they will under most circumstances permanently lose the right to recover any compensation.
Arizona Revised Statutes section 12-542 establishes the general deadline for personal injury claims at two years from the date of injury. For car accident cases, this means you must file a lawsuit in civil court within two years of the date the collision occurred. This Arizona statute of limitations rule applies whether the other driver was distracted, impaired, or simply careless. It does not pause because you are still receiving medical care, still negotiating with insurance companies, or still waiting on a police report to come back.
Most injured people focus on recovery during those first weeks and months. Medical appointments, vehicle repairs, and lost time at work consume their attention. But the two-year clock is running from day one. Personal injury attorneys who handle Arizona car accident cases see clients miss filing deadlines every year, and courts have no discretion to grant extensions based on hardship alone. When the window closes, it closes. The personal injury claim statute of limitations is the one deadline you cannot negotiate with an insurance company.
Arizona
Arizona Statute of Limitations Personal Injury Deadlines at a Glance
The statute of limitations Arizona civil actions face depends on the kind of claim. Different claims run on different clocks, so use this table as a map and call us to see how the dates apply to you. These rules have exceptions.
| Claim | Deadline | Citation |
|---|---|---|
| Personal injury (car crash, fall, most injuries) | 2 years from the injury | A.R.S. 12-542(1) |
| Property damage | 2 years | A.R.S. 12-542(3) |
| Wrongful death | 2 years from the date of death | A.R.S. 12-542(2) |
| Dog bite, strict liability | 1 year | A.R.S. 12-541(5), 11-1025 |
| Dog bite, negligence | 2 years | A.R.S. 12-542 |
| Notice of claim to a public entity | 180 days after the claim accrues | A.R.S. 12-821.01 |
| Lawsuit against a public entity | 1 year after the claim accrues | A.R.S. 12-821 |
| Uninsured or underinsured motorist claim with your own insurer | Written notice within 3 years, with special start dates | A.R.S. 12-555 |
| Arbitration request or lawsuit on an uninsured or underinsured motorist claim | 3 years from your written notice | A.R.S. 12-555(C) |
Source: Arizona Revised Statutes as cited. Deadlines can start on different dates depending on the facts.
When the Clock Starts on Your Case
The statute begins on the date of the accident in almost every car accident case. If a crash happened on July 15, 2024, the deadline to file a lawsuit is July 15, 2026. That is the baseline.
In some situations, the start date is less straightforward. Certain injuries do not produce clear symptoms immediately after a crash. A herniated disc or a traumatic brain injury may not be formally diagnosed until weeks or months later. Arizona courts recognize the discovery rule in limited circumstances: the statute of limitations begins when you knew, or reasonably should have known, of the injury and its connection to the accident. Courts apply this rule narrowly in car accident cases because the cause of injury is typically apparent at the scene. Do not assume a delayed diagnosis automatically extends your deadline. Call us early so we can look at your dates.
The Arizona statute of limitations property damage claims face is the same two-year period under A.R.S. 12-542(3), so a claim for vehicle repair or replacement should not wait either.
Exceptions That Can Shorten or Extend Your Deadline
Two exceptions come up most often. One shortens your time dramatically, and one can extend it.
- Government Vehicles and the Notice of Claim Requirement
When the at-fault vehicle was owned or operated by a government entity, a shorter and separate deadline applies. Arizona Revised Statutes section 12-821.01 requires that you file a notice of claim with the appropriate government entity within 180 days of the date the cause of action accrues. That is roughly six months, not two years. The notice of claim is a hard prerequisite. Injury claims against public entities that skip this step are usually dismissed regardless of the strength of the underlying case.
The notice must state the facts and a specific sum certain, and the claim is deemed denied after 60 days. A lawsuit then generally must be filed within one year after the claim accrues (A.R.S. 12-821). Government vehicles include city buses, state fleet cars, county maintenance trucks, and public utility vehicles. If any government driver or vehicle was involved in your accident, treat your filing timeline as 180 days until we confirm otherwise. See our guide to the Arizona notice of claim.
- Minor Plaintiffs
If the injured person was under 18 at the time of the accident, Arizona law tolls, or pauses, the statute of limitations until the minor reaches 18 (A.R.S. 12-502). The two-year clock then starts on their 18th birthday. A parent or guardian may still bring injury claims on behalf of the minor before that point, and doing so promptly is often the right choice while evidence is still available.
- A Child Hurt by a Government Entity or Public School
If a child is hurt in an accident involving a public entity, such as a school district, a city bus or a government vehicle, the child’s own deadlines are paused until age 18 (A.R.S. 12-821.01(D)). The child then has 180 days after the 18th birthday to serve the written notice of claim, and one year after the 18th birthday to file the lawsuit.
The parents’ own claim is not paused. If you paid your child’s medical bills and want that money back from the school district or city, your own notice of claim is due within 180 days of the injury. Because the two clocks run so differently, families should not wait until a child turns 18 to act.
- Uninsured and Underinsured Motorist Claims
A claim under your own policy has three years for written notice to your insurer (A.R.S. 12-555), but two more deadlines sit beside it. An underinsured motorist claim can be lost if you do not make a claim against the at-fault driver’s insurance, or sue that driver, within the general two-year deadline. And once you give notice, you must request arbitration or file suit against your insurer within three years of that notice if the claim does not settle (A.R.S. 12-555(C)). Our page on uninsured motorist claims walks through each clock.
- Other situations
Other circumstances can change how the clock runs. These rules have exceptions, so call us and we will explain how they apply to you.
Why Insurance Negotiations Do Not Stop the Clock
This misconception causes more missed deadlines than almost any other factor. Insurance companies often conduct negotiations that stretch over many months. Adjusters request additional medical records, schedule independent medical examinations, and send letters suggesting a resolution is near. None of that activity pauses the Arizona statute of limitations clock.
Insurance companies know your deadline. Some rely on extended negotiations precisely because a missed filing deadline eliminates their exposure entirely. You can still negotiate and accept a settlement right up to the deadline. But if no agreement is reached, you must file a lawsuit before time runs out, or, under most circumstances, the case is gone. If you are approaching the one-year mark without a signed agreement, call us as soon as possible. Filing a complaint does not mean your case will go to trial. Many personal injury cases settle after a lawsuit is filed, often within months. Filing preserves your rights while negotiations continue. For more on adjusters, read our guide to talking to insurance adjusters after an accident.
What Happens If You Miss the Filing Deadline
Filing after the statute of limitations expires will under most circumstances end your case. The defense raises the expired deadline as an affirmative defense, the court grants dismissal, and your case is over. The severity of your injuries, the clarity of fault, and the quality of your evidence all become irrelevant at that point.
Courts grant very few exceptions. Equitable tolling, which can extend deadlines in cases of fraud or active concealment, requires clear proof that the defendant deliberately hid information needed to bring the claim. That standard almost never applies in standard car accidents.
Preserving Your Claim Before Time Runs Out
Knowing the Arizona car accident statute of limitations and filing deadlines is only the first step. Acting early gives your case the strongest possible foundation.
- 1
Secure the evidence
Evidence degrades quickly after a collision. Intersection surveillance footage is typically overwritten within days or weeks. Witnesses lose accuracy over time. Physical road evidence fades quickly: skid marks, debris, and damage to surrounding property disappear within days or weeks after car accidents.
- 2
Document your treatment
Medical documentation that ties your injuries directly to the collision date is essential in personal injury cases throughout Arizona. Gaps in treatment create arguments that your injuries were not serious or were caused by something unrelated to the accident. Consistent care, documented thoroughly from the beginning, strengthens your claim for both economic damages including medical bills and lost wages, and non-economic damages such as pain, suffering, and loss of normal daily activity.
- 3
Match the other side’s preparation
The at-fault driver’s insurance company has experienced claims adjusters and legal staff on your file from day one. You deserve the same level of preparation on your side.
- 4
Count your own dates
Write down the date of the crash, the date of any death, and the date of any government notice, then count forward. If any date is close, call us the same day.
- 5
File before time runs out
If no agreement is reached, a lawsuit has to be filed before the deadline. Filing preserves your rights while negotiations continue.
Protect Your Claim Before the Deadline Passes
The Arizona car accident statute of limitations and filing deadlines are strict, and courts rarely make exceptions once the window closes. If you or a family member was injured in a collision anywhere in the Phoenix metro area, including Scottsdale, Tempe, Mesa, or Chandler, do not wait. Schedule a free case review with Valley Accident Law and speak directly with Charles Paglialunga, Esq., today.
For a deeper look at how injury cases are built, see our page on car accident claims in Scottsdale.
Related pages
Questions
Questions about Arizona statute of limitations
Does the two-year statute apply to uninsured motorist claims?
Not exactly. The two-year deadline in A.R.S. 12-542 governs a lawsuit against an at-fault driver. Uninsured and underinsured motorist claims are brought under your own policy and carry a separate rule: written notice to your insurer within 3 years, with special start dates (A.R.S. 12-555), and an underinsured claim also requires a timely claim or suit against the at-fault driver within the two-year deadline. After notice, you must request arbitration or file suit against your insurer within three years of that notice if the claim does not settle (A.R.S. 12-555(C)). Some policies contain separate contractual deadlines, so read your policy language carefully and confirm which deadline governs your specific situation.
What if the insurer has been promising a settlement for months?
Verbal assurances from an adjuster do not pause the statute of limitations. The clock runs on the calendar, not on the insurer’s promise of resolution. If two years are approaching without a signed agreement, you must file a lawsuit to preserve your claim. Settlement negotiations can continue after filing without affecting the case.
Does the filing date of the police report affect the deadline?
No. The statute of limitations in Arizona car accident cases begins on the date the accident occurred, not the date a report was filed, the date you first sought medical treatment, or the date you hired an attorney. Only the collision date controls the baseline.
What is the deadline for a wrongful death claim in Arizona?
Arizona wrongful death claims carry a two-year deadline running from the date of death (A.R.S. 12-542), which may differ from the date of the accident if the victim survived for a period following the crash. The surviving spouse, child, parent or guardian, or the personal representative of the estate must file within that window (A.R.S. 12-612).
Can a child injured in a car accident sue after turning 18?
Yes. Arizona law tolls the statute of limitations for minors. If a child was hurt in a car accident, the two-year clock begins on their 18th birthday, giving them until age 20 to file independently. Earlier legal action by a parent or guardian is possible and often advisable while evidence remains accessible. If a government entity or public school is involved, the parents’ own claim for medical bills they paid is not paused: their notice of claim is due within 180 days of the injury, so families should not wait.
How long do I have to sue for property damage in Arizona?
Two years, the same period that applies to injuries (A.R.S. 12-542(3)). Property damage means the cost to repair or replace your vehicle or other belongings, and it should be raised alongside your injury claim.
What is the deadline for a dog bite claim?
It depends on how the claim is brought. A strict liability claim under A.R.S. 11-1025 has a one-year deadline (A.R.S. 12-541), and a negligence claim has two years (A.R.S. 12-542). If you are not sure which fits your situation, call us early.
What if my claim is against a city or the state?
A much shorter notice deadline applies: 180 days from the date the claim accrues (A.R.S. 12-821.01), with a lawsuit generally due within one year after accrual (A.R.S. 12-821). Do not wait on this one.
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