The short answer: two years from the crash
In Georgia, a lawsuit for a personal injury must be brought within two years after the right of action accrues. That is the rule in O.C.G.A. § 9-3-33. After a car or motorcycle crash, the right of action usually accrues on the day of the crash, so the two years usually start that day.
The deadline is for filing a lawsuit. An open insurance claim, an adjuster’s letter or a stack of medical bills does not stop the count. If the claim has not settled, only a suit filed in time keeps it alive. The 2025 tort reform law, SB 68, did not change the two-year limit.
Georgia also has statutes of limitations for debts and crimes. Those come from other Code sections. This guide covers injury and crash claims only.
Georgia crash deadlines at a glance
One crash can create several claims, and each claim has its own clock. Sort yours with this table, then confirm each date for your own facts.
| Claim | Deadline | Georgia Code |
|---|---|---|
| Injury lawsuit against a driver or business | 2 years after the right of action accrues | § 9-3-33 |
| A spouse’s loss of consortium | 4 years | § 9-3-33 |
| Damage to your car or other property | 4 years | § 9-3-31 |
| Claim against a city | Written notice within 6 months of the event | § 36-33-5 |
| Claim against a county | Present the claim within 12 months | § 36-11-1 |
| Claim against the State | Written notice within 12 months of when the loss was or should have been discovered; suit within 2 years | §§ 50-21-26, 50-21-27 |
For example, after a crash on 3 May 2026, the general injury limit ends in early May 2028. If a city vehicle was involved, the written notice is due in early November 2026. Ask a lawyer to confirm the exact last day for your claim.
Ante litem notice for city, county and State claims
“Ante litem” means “before the suit.” Georgia requires written notice before you can sue a city, a county or the State. In Atlanta this can matter after a crash with a city truck, a police car, a county vehicle or a State Patrol cruiser.
A city, such as Atlanta. Under O.C.G.A. § 36-33-5, the claim must be presented in writing within six months of the event. It must state the time, place and extent of the injury, the negligence that caused it, and the specific amount of money you seek. It goes to the mayor or the chair of the city council or commission, by hand, certified mail or statutory overnight delivery. The city has 30 days to act on it.
Fulton, DeKalb or another county. O.C.G.A. § 36-11-1 bars a claim against a county that is not presented within 12 months after it accrues. A minor, or a person under another legal disability, gets 12 months after the disability ends.
The State of Georgia. For a claim against the State, O.C.G.A. § 50-21-26 requires written notice within 12 months of the date the loss was discovered or should have been discovered. Send it to the Risk Management Division of the Department of Administrative Services by certified mail or statutory overnight delivery, with a return receipt, or deliver it by hand and get a receipt. A copy also goes to the State agency involved. The notice names the agency, the time and place, the loss, the amount claimed and the acts that caused it. You cannot sue until the claim is denied or 90 days pass, and the suit must be filed within two years (§ 50-21-27).
When the two-year clock can pause
Georgia “tolls,” or pauses, a limitation period in a few set cases. Each one depends on the facts. Treat them as questions to ask, not as extra time to count on.
- The injured person is a child. Under O.C.G.A. § 9-3-90(b), a person under 18 when the claim accrues gets the same time after turning 18. A parent’s own claims can follow other rules.
- Legal incompetence. A person who is legally incompetent because of intellectual disability or mental illness when the claim accrues gets the same time after the disability is removed (§ 9-3-90(a)).
- A criminal case over the crash. O.C.G.A. § 9-3-99 pauses the clock on a crime victim’s injury claim from the date of the alleged crime until the prosecution ends, for no more than six years. Ask whether the charge in your crash qualifies before you rely on it.
- A pending city claim. The lawsuit clock is suspended while a city claim waits for action (§ 36-33-5).
How to protect your filing date
Write down the crash date and every party involved: the other driver, the vehicle owner, an employer and any public body. Note which agency wrote the police report. A government vehicle or worker changes the first deadline from years to months, so flag it on day one.
Keep proof of every notice you send: the letter, the certified mail receipt and the return card. Keep insurer letters with their dates. Your treatment does not need to be finished before a lawyer checks the deadline. Care and the filing clock run at the same time.
After a hit-and-run, the two years run even while police search for the driver. Our hit-and-run guide explains how uninsured motorist cover and a “John Doe” suit work. Riders can read our motorcycle accident guide for the Georgia rules that affect fault.
Check your dates with a free review
If you were hurt in the last six months, the free crash review on our home page is a quick first step. It asks four questions and sends your answers to our partner law firm, whose team calls you back. An injury lawyer in Atlanta can then confirm the deadline for each claim.
If your crash was longer ago, do not wait. Ask a Georgia lawyer to check the filing date now, because a lawsuit filed after the statute of limitations runs out is usually barred.