Georgia gives you 2 years to file a motorcycle accident lawsuit. Seems like plenty of time.
Crash June 2024. Treatment through December 2025. Settlement negotiations start January 2026. Insurer lowballs. You counter. They stall. March 2026 arrives. Deadline in 3 months.
Now the insurer has all the leverage. Accept their offer or lose everything. Your $200,000 claim becomes worthless if the calendar runs out.
The 2-year deadline isn’t a suggestion. It’s absolute. Miss it by one day, your case is dismissed. No judge can extend it. No exceptional circumstances excuse it. The clock starts at crash and stops at filing, and everything in between is your problem.
But the 2-year rule isn’t the only deadline. Wrongful death cases have different timing. Property damage claims have a 4-year window. First-party insurance claims have policy-specific deadlines, often just 1 year. Minor victims get tolling. Georgia Tort Claims Act (government defendants) requires 12-month ante litem notice.
This guide explains when each deadline applies, how to calculate your specific filing deadline, why waiting until year 2 is dangerous, and what strategic timeline protects your claim while allowing time for settlement.
The 2-Year Personal Injury Deadline
Georgia law (O.C.G.A. § 9-3-33) provides:
“Actions for injuries to the person shall be brought within two years after the right of action accrues.”
Translation: You have 2 years from crash date to file a personal injury lawsuit. After that, the courthouse doors close.
Example calculations:
Crash date: June 15, 2024
Deadline: June 15, 2026 (exactly 2 years later)
Crash date: December 31, 2023
Deadline: December 31, 2025
Crash date: February 29, 2024 (leap year)
Deadline: February 28, 2026 (or March 1, 2026 in non-leap year – safest to file by Feb 28)
What “file” means:
You must file a complaint with the court and serve the defendant before the deadline. Just mailing paperwork to the defendant doesn’t count. The court clerk must receive and file-stamp your complaint before midnight on the deadline date.
Filing on the deadline day is risky. Court computers crash. Clerks’ offices close early. E-filing systems reject documents for formatting errors. Give yourself buffer time.
Settlement doesn’t extend deadline:
Many riders believe “we’re negotiating settlement” means the deadline doesn’t apply. Wrong. Settlement negotiations don’t pause the clock.
Insurer can negotiate for 23 months, then walk away. If you haven’t filed, your claim dies. They know this. Extended negotiations are sometimes deliberate delay tactics.
Filing preserves settlement option:
Filing a lawsuit doesn’t mean going to trial. Most cases settle post-filing. But filing preserves your leverage:
- Discovery forces insurer to produce documents
- Depositions lock in testimony
- Defense costs mount (insurers pay attorneys by the hour)
- Bad faith exposure increases if insurer acts unreasonably
- Settlement values often rise after filing
You can settle anytime – even the day before trial. Filing just ensures you have that option past the 2-year mark.
Different Deadlines: Wrongful Death, Property, Insurance
Wrongful death: 2 years from date of death, not crash date (O.C.G.A. § 51-4-5).
Example:
- Crash: June 15, 2024
- Death: July 20, 2024 (rider died from injuries 35 days later)
- Wrongful death deadline: July 20, 2026
If the rider survived 6 months then died, the wrongful death deadline is 6 months after the personal injury deadline would have been.
The estate representative must file. If no estate is opened, the deadline still runs. Family members assuming “we’ll deal with legal stuff later” may miss the deadline entirely.
Property damage: 4 years from crash date (O.C.G.A. § 9-3-32).
This applies to:
- Bike damage (total loss or repair costs)
- Riding gear damage (helmet, jacket, boots)
- Cargo damage (anything attached to or carried on bike)
You can pursue property damage separately from injury claims. If you settled injury claim early but later discover additional property damage, the 4-year window may still be open.
First-party insurance claims (your own insurance):
Check your policy. Most require filing claims within 1 year of the crash – not 2 years.
This applies to:
- Uninsured/underinsured motorist (UM/UIM) claims
- Medical payments coverage
- Collision coverage
- Comprehensive coverage
If your policy says “claim must be submitted within 12 months,” that’s controlling. The 2-year statute doesn’t help you.
Example:
- Crash: June 15, 2024
- UM claim deadline per policy: June 15, 2025
- Third-party lawsuit deadline: June 15, 2026
Miss the UM deadline, you lose that coverage even though you can still sue the at-fault driver.
Government defendants (Tort Claims Act):
Ante litem notice must be filed within 12 months of crash (O.C.G.A. § 50-21-26).
Covered in Post #16 (road hazard claims), but worth repeating: if suing Georgia DOT, county, or city, the notice requirement is 1 year, not 2 years.
Miss the 12-month deadline, you cannot sue that defendant – even though the 2-year statute hasn’t expired.
When the Clock Starts (And Rare Exceptions)
Standard rule: Clock starts on crash date.
The “right of action accrues” when the injury occurs. For motorcycle crashes, that’s the crash date. Not when you discovered injuries. Not when treatment ended. Not when you realized damages were severe. Crash date.
Exceptions are rare:
Minor victims (under age 18): Statute is tolled until 18th birthday, then 2 years from that date.
Example:
- Rider’s age at crash: 16
- Crash date: June 15, 2024
- 18th birthday: March 10, 2026
- Filing deadline: March 10, 2028
Parent or guardian can file on minor’s behalf before age 18, but it’s not required. The minor has until age 20 to file (18 + 2 years).
Incompetent victims: If crash caused mental incompetency (severe TBI rendering victim unable to understand legal rights), statute may be tolled during incompetency.
This requires:
- Medical evidence of legal incompetency (not just “confused” or “depressed” – actual inability to understand)
- Formal incompetency declaration (guardianship proceedings)
- Proof incompetency directly resulted from crash
This is narrow. “I was too injured to think about lawsuits” doesn’t qualify. Actual legal incompetency requires medical and court documentation.
Fraudulent concealment: If the at-fault party actively hid their involvement in the crash (fled the scene, destroyed evidence, lied to police), statute may toll until discovery.
This is extremely narrow and rarely applied. “They lied to their insurance company” doesn’t qualify. Fraudulent concealment requires deliberate acts to prevent victim from discovering the cause of action.
Discovery rule does NOT apply in Georgia:
Some states use a “discovery rule” – statute starts when the injury is discovered, not when it occurred. Useful for latent injuries (asbestos exposure, medical malpractice where harm appears years later).
Georgia does not apply discovery rule to vehicle crashes. The injury is the crash. Even if long-term consequences (chronic pain, PTSD, disability) don’t manifest until year 2, the statute started running on day 1.
Why Waiting Until Year 2 Is Dangerous
Many riders delay filing, believing:
- “Insurer will settle eventually”
- “I need to finish treatment first”
- “Filing means going to trial, and I don’t want trial”
- “Attorney said we have 2 years, so I’ll wait”
These beliefs create risk.
Negotiation timeline reality:
Month 1-6: Treatment ongoing, no settlement discussions
Month 7-12: Treatment ends, demand package prepared
Month 13-14: Demand sent to insurer
Month 15-16: Insurer responds with lowball offer
Month 17-18: Counter-offer, negotiation continues
Month 19-20: Multiple rounds of offers
Month 21-22: Still negotiating OR negotiations stall
Now you’re at month 22 with 2 months left. If negotiations fail, you have insufficient time to:
- File lawsuit (1 week)
- Serve defendant (2-4 weeks depending on difficulty)
- Conduct discovery (depositions, interrogatories, document requests: 6-12 months)
- File motions (summary judgment, Daubert challenges: 2-4 months)
- Get trial date (courts schedule trials 12-18 months out from filing)
The litigation process takes 18-24 months from filing to trial. If you file at month 22, you’re starting the race with no time to finish.
Insurer leverage shift:
At month 20, insurer knows you’re running out of time. Their offer drops. “Take it or leave it – you don’t have time to litigate.”
At month 12, you have leverage. “I’ll file if we can’t settle.” Insurer takes you seriously because you have time to follow through.
Strategic filing window:
Ideal: File at month 18-20 if settlement isn’t close.
This gives you:
- Time to complete litigation if settlement fails
- Leverage during negotiations (insurer knows you can litigate)
- Discovery process that often leads to better settlement offers
- Trial date that pressures both sides to settle
Minimum: File by month 22.
This gives you bare minimum time to litigate if absolutely necessary. Still risky.
Never: File at month 23-24.
This is malpractice territory. One unexpected delay (service problems, court filing errors, defendant challenges service) can blow the deadline.
Post-filing settlement is common:
Cases filed at month 18 often settle by month 24-30. Filing didn’t prevent settlement – it created the pressure and discovery that made settlement possible.
Cases that wait until month 23 to file often settle for less or get dismissed for procedural errors under time pressure.
Multiple Defendants, Multiple Deadlines
Complex crashes involve multiple deadlines running simultaneously.
Example scenario:
Crash: June 15, 2024
Defendants:
- Car driver (third party)
- Your UM carrier (first party)
- Georgia DOT (road hazard contributed)
Deadlines:
- UM claim per policy: June 15, 2025 (12 months)
- DOT ante litem notice: June 15, 2025 (12 months)
- Car driver lawsuit: June 15, 2026 (24 months)
Miss the 12-month deadlines, you lose UM and DOT claims even though the car driver lawsuit deadline hasn’t arrived yet.
Calendar management:
Mark every deadline in multiple places:
- Phone calendar with 90-day, 60-day, 30-day alerts
- Physical calendar in visible location
- Attorney’s calendar (if retained)
Treat 12-month deadlines as if they’re 10 months. Build buffer.
Attorney retention timing:
If retaining attorney, do it by month 6-8. This gives attorney time to:
- Investigate (month 6-10)
- Prepare demand (month 10-12)
- Negotiate (month 12-18)
- File if necessary (month 18-20)
Waiting until month 20 to hire attorney creates panic. Attorney has no time to investigate, prepare properly, or negotiate methodically.
File Timeline Framework
Month 0 (crash date):
- Note deadline in calendar immediately
- Add 12-month deadline if government defendant or first-party claim involved
Month 1-6:
- Focus on treatment
- Document everything (medical records, bills, lost wages, photos)
- Consult attorney if injuries are serious
Month 6-10:
- Complete or near completion of treatment
- Attorney investigates, gathers records
- Demand package preparation
Month 10-12:
- Send demand to insurer
- File ante litem notice if government defendant
- File first-party claim if haven’t already
Month 12-18:
- Settlement negotiations
- Attorney evaluates settlement vs litigation strength
Month 18-20:
- Decision point: Is settlement close?
- If yes, continue negotiating but monitor deadline closely
- If no, file lawsuit to preserve rights
- Can still settle post-filing
Month 20-22:
- If not yet filed, file now
- This is late but still viable
- Insufficient time for trial but sufficient to create settlement pressure
Month 22-24:
- Final deadline zone
- File immediately if not already done
- Expect challenges (tight timing creates procedural risks)
Month 24+:
- Statute has expired
- Cannot file new lawsuit
- Existing lawsuits can continue
- Settlement still possible in pending cases
Don’t let insurers run out the clock. Settlement is always possible. But settlement from a position of strength (deadline far away, litigation time available) pays better than settlement from desperation (deadline imminent, no alternatives).
The statute of limitations is absolute. Two years from crash to filing. Wrongful death runs from death date. Property damage has 4 years. First-party insurance claims have policy-specific deadlines, often just 1 year. Government defendants require 12-month ante litem notice.
Calculate your specific deadline immediately after the crash. Mark it in multiple calendars with alerts. File by month 18-20 if settlement isn’t close. Never wait until month 23+. Post-filing settlement is common and often more valuable than pre-filing settlement because discovery creates leverage.
Treat the deadline as 6 months earlier than it actually is. Buffer time protects against the unexpected.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.