Arizona Car Accident Statute of Limitations: Deadline Guide

In Arizona, you have exactly 2 years from the date of your car accident to file a personal injury lawsuit, with limited exceptions that can extend this deadline in specific circumstances involving delayed injury discovery or defendant absence from the state.

Arizona’s 2-Year Car Accident Lawsuit Deadline

Arizona Revised Statutes § 12-542 establishes a strict 2-year statute of limitations for personal injury claims arising from motor vehicle accidents. This deadline begins on the date of the accident and applies regardless of when you discover the full extent of your injuries or when insurance negotiations conclude.

The law states that actions for injury to person or personal property must be commenced within two years after the cause of action accrues. For car accidents, the cause of action typically accrues on the collision date, making the calculation straightforward in most cases.

How Arizona Courts Calculate the Deadline

Arizona courts apply the “occurrence rule” for most car accident cases, meaning the 2-year clock starts ticking at 12:01 AM on the day after your accident. For example:

• Accident occurs: March 15, 2024
• Statute begins: March 16, 2024
• Filing deadline: March 15, 2026
• Last day to file: End of business, March 15, 2026

If the final deadline falls on a weekend or court holiday, Arizona Rule of Civil Procedure 6(a) extends the deadline to the next business day when courts are open for filing.

Discovery Rule Exceptions in Arizona

While Arizona generally applies the occurrence rule strictly, limited exceptions exist under the “discovery rule” for situations where injuries weren’t immediately apparent or reasonably discoverable at the accident scene.

When the Discovery Rule Applies

Arizona courts have recognized discovery rule exceptions in car accident cases involving:

• Latent brain injuries: Traumatic brain injury symptoms appearing weeks or months post-accident
• Internal organ damage: Delayed manifestation of internal bleeding or organ dysfunction
• Spinal cord complications: Progressive neurological deficits not evident initially
• Toxic exposure: Chemical exposure from hazardous material accidents with delayed health effects

In a 2023 Arizona Court of Appeals case, the court applied the discovery rule when a plaintiff developed seizures 8 months after a rear-end collision, finding that the neurological connection to the accident wasn’t reasonably discoverable until seizures began.

Proving Discovery Rule Application

To invoke the discovery rule exception, you must demonstrate:

1. The injury was not reasonably discoverable at the accident time
2. A reasonable person in similar circumstances wouldn’t have discovered the injury
3. You exercised reasonable diligence in seeking medical attention
4. The injury connection to the accident became apparent through medical evaluation

Arizona courts scrutinize discovery rule claims carefully, requiring clear medical evidence linking delayed symptoms to the original accident.

Arizona’s Unique Comparative Fault Considerations

Arizona follows a “pure comparative negligence” system under A.R.S. § 12-2505, which intersects with statute of limitations planning in important ways. Unlike states with modified comparative negligence rules, Arizona allows recovery even if you’re 99% at fault, though your damages are reduced proportionally.

How Comparative Fault Affects Filing Decisions

Arizona’s pure comparative negligence system means that even cases with significant shared fault may be worth pursuing, but the timeline for making this determination becomes critical:

• High-fault scenarios: Require extensive investigation and expert analysis, consuming significant time before the 2-year deadline
• Insurance positioning: Carriers often inflate your fault percentage early, requiring time to develop counter-evidence
• Witness availability: Memory and witness cooperation typically decline as time passes

Special Deadline Rules for Different Accident Types

Arizona applies different limitation periods based on the legal theory underlying your car accident claim:

Personal Injury Claims

Standard 2-year deadline under A.R.S. § 12-542 for bodily injury, pain and suffering, medical expenses, and lost wages resulting from negligent driving.

Property Damage Claims

Also governed by A.R.S. § 12-542 with a 2-year limitation period for vehicle damage, personal property destruction, and related economic losses.

Wrongful Death Claims

A.R.S. § 12-542 establishes a 2-year statute of limitations for wrongful death actions, calculated from the date of death rather than the accident date in cases where death occurs days or weeks after the collision.

Uninsured/Underinsured Motorist Claims

While contractual arbitration deadlines may vary by policy, the underlying negligence claim remains subject to Arizona’s 2-year statute of limitations.

Defendant Absence and Tolling Provisions

Arizona Revised Statutes § 12-502 provides for tolling (pausing) the statute of limitations when the defendant leaves Arizona after the accident occurs. This provision recognizes the practical difficulty of serving legal papers on out-of-state defendants.

Requirements for Tolling

To invoke absence tolling, you must establish:

1. The defendant was present in Arizona when the accident occurred
2. The defendant subsequently left Arizona
3. The defendant’s absence makes service of process impracticable
4. You exercised reasonable diligence in attempting to locate the defendant

The tolling period ends when the defendant returns to Arizona or when you discover the defendant’s current location allowing for proper service.

Practical Application

In a 2024 Arizona case, the court allowed tolling when a defendant moved to Nevada three months after a Phoenix collision and failed to update registration or insurance information. The plaintiff successfully argued that reasonable diligence couldn’t locate the defendant for service until DMV records were updated 18 months later.

Insurance Settlement vs. Lawsuit Filing Timing

Many Arizona accident victims mistakenly believe that active insurance negotiations extend or pause the statute of limitations. This is incorrect – the 2-year deadline continues regardless of settlement discussions.

Insurance Settlement Timeline Strategy

Protecting Your Rights During Settlement

Arizona practitioners often recommend filing a lawsuit as a “protective measure” when settlement negotiations approach the 18-month mark. This strategy:

• Preserves your right to court resolution if settlement fails
• Demonstrates serious intent to insurers
• Allows continued settlement negotiations without deadline pressure
• Can be dismissed upon reaching acceptable settlement terms

Consequences of Missing Arizona’s Deadline

Arizona courts strictly enforce the 2-year statute of limitations with very limited exceptions. Missing this deadline typically results in case dismissal under Rule 12(b)(6) of the Arizona Rules of Civil Procedure for failure to state a claim upon which relief can be granted.

Available Remedies After Missing the Deadline

Once Arizona’s statute of limitations expires, your legal options become severely limited:

• Voluntary insurance payment: Insurance companies may still negotiate, though without legal leverage
• Discovery rule arguments: Extremely narrow application requiring compelling medical evidence
• Equitable estoppel: Rare instances where defendant’s conduct prevented timely filing
• Legal malpractice: If attorney negligence caused the missed deadline

Case Example: Missed Deadline Consequences

In a 2023 Maricopa County case, a plaintiff filed suit 2 years and 3 days after a collision, claiming computer problems prevented timely electronic filing. The court rejected this argument, emphasizing that the statute of limitations creates a substantive right that procedural difficulties cannot override.

Steps to Take Before Your Deadline

Arizona’s 2-year statute of limitations requires strategic planning throughout your case development:

Immediate Actions (First 30 Days)

• Document the accident date and calculate your deadline
• Preserve all medical records and treatment documentation
• Photograph vehicle damage and accident scene
• Collect witness information and statements
• Report the accident to your insurance company

Ongoing Case Development (Months 1-18)

• Continue medical treatment and document all expenses
• Maintain detailed records of lost wages and income impact
• Engage with insurance adjusters while preserving legal rights
• Consider expert consultation for complex injury evaluation
• Monitor settlement progress against timeline milestones

Final Period Preparation (Months 19-24)

• Make final settlement demands with realistic deadlines
• Prepare comprehensive demand packages with full documentation
• Identify all potential defendants and their insurance coverage
• Ready lawsuit filing materials if settlement negotiations fail
• Confirm court filing procedures and required documentation

Arizona-Specific Strategic Considerations

Arizona’s legal landscape presents unique considerations that affect statute of limitations planning:

State vs. Federal Court Options

Arizona accidents involving out-of-state parties may qualify for federal court diversity jurisdiction, but federal courts apply state limitation periods. The 2-year Arizona deadline remains regardless of chosen forum.

Native American Reservation Accidents

Accidents occurring on tribal lands within Arizona may involve complex jurisdictional questions, but Arizona’s statute of limitations typically applies when suing in Arizona state court.

Interstate Commerce Considerations

Commercial vehicle accidents involving interstate trucking may implicate federal regulations, but Arizona’s 2-year personal injury statute of limitations still governs individual injury claims filed in state court.