Car wrecks are common. According to this Forbes article, “By car insurance industry estimates, you will file a claim for a collision about once every 17.9 years. That’s if you’re an average driver, which, whether you’re willing to admit it or not, you likely are.” In the majority of car accident cases, drivers will file a property damage claim and sometimes a personal injury claim.
There are different time limits for filing personal injury cases and property damage cases in Georgia. This blog explains the key facts you need to know about the Georgia statute of limitations for property damage.
Our Alpharetta car accident lawyers at Horst Shewmaker, LLC are committed to helping clients in Georgia receive the compensation they deserve. Call us today for a free case review!
What Is the Georgia Statute of Limitations for Property Damage?
The statute of limitations dictates the time frame you have to file a lawsuit. In Georgia, the statute of limitations for property damage claims is four years from the date the damage occurred. This applies to cases involving personal property like cars and personal belongings.
A four-year time limit also applies to damage to your home or other real property. You must file a property damage lawsuit within four years after the property was damaged.
It’s important to note that the four-year time limit applies to property damage only. For personal injury cases, Georgia has a different statute of limitations. If a car wreck involves both injuries and property damage, separate timelines may apply.
Georgia’s Statute of Limitations for Personal Injury Claims
Georgia’s statute of limitations for personal injury claims is typically two years from the date of the accident. The plaintiff or victim in a personal injury case seeks compensation after being injured because of someone else’s negligence. Examples include car accidents, slips and falls, and dog bites.
If you don’t file your lawsuit within the two-year statute of limitations, you could lose the ability to recover damages for medical bills, lost wages, and pain and suffering.
What Happens If You Miss the Statute of Limitations Deadline?
Failing to file a lawsuit within Georgia’s statute of limitations can have significant consequences. If you attempt to file a lawsuit after the statute of limitations has expired, the defendant can request that the court dismiss your case. In most cases, the court will grant the dismissal, and you will no longer have the legal right to pursue compensation.
Exceptions to the Property Damage Statute of Limitations
While the statute of limitations in Georgia is generally four years for property damage claims, there are certain exceptions where the time frame may be extended.
Government Agencies
If the damage involves a government agency, you may need to follow a different process. Typically, this involves filing an ante litem notice, which notifies the government entity of your intent to pursue a claim. The deadline for filing an ante litem notice is one year for claims against the state or county and 6 months for claims against cities.
The Victim Is Under 18 or Legally Incompetent
If a victim is a minor, the doesn’t start until they turn 18. Similarly, if the plaintiff is “legally incompetent because of intellectual disability or mental illness,” the clock may be paused until they are deemed competent.
Defendant Leaves the State
If the person responsible for the property damage leaves the state during the four-year period, the statute of limitations could be paused until they return or are located.
These exceptions highlight why it is important to work with an attorney who understands Georgia’s legal system. They can help you determine whether your case qualifies for an exception and ensure you don’t miss any critical deadlines.
Why You Should Hire a Lawyer for a Property Damage Claim
Dealing with property damage claims can be overwhelming, especially when you’re navigating insurance claims, deadlines, and legal procedures. Hiring a car accident attorney from Horst Shewmaker can help ensure that your property damage case is handled properly from start to finish. Our attorneys can:
- Investigate the car crash
- Help gather and preserve evidence
- Communicate with the defendant and their insurance company
- Ensure all legal paperwork is filed before the deadline
- Pursue maximum compensation for your losses
An experienced lawyer can also provide insight into how much money you can recover in an auto accident claim for destroyed property and your injuries.
The Process for Georgia Property Damage Claims
Filing a property damage lawsuit in Georgia follows a set process that begins with determining the extent of the damage and identifying the responsible party. If your property was damaged in a car wreck, for example, the at-fault driver may be held responsible for repairing or replacing your vehicle.
Here is a general overview of the steps involved in a property damage lawsuit:
- Consultation with a Personal Injury Attorney: Start by scheduling a free consultation with a personal injury lawyer.
- Investigating the Damage: Your lawyer will investigate the cause of the incident and gather evidence to support your claim. This could include photos, witness statements, police reports, and repair estimates.
- Filing the Lawsuit: Your attorney will file the lawsuit with the appropriate Georgia court within the four-year statute of limitations. The lawsuit will include details of the damage and the amount of compensation you are seeking.
- Settlement Negotiations: In many cases, the defendant’s insurance company may offer a settlement to avoid going to court. Your attorney will negotiate on your behalf to ensure you receive a fair settlement.
- Trial (if necessary): If a settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.
Compensation for Property Damage After a Car Accident
In Georgia, there are three main types of compensation available for property damage following a car crash: collision repair claims, diminished value claims, and total loss claims.
Collision Repair Claim
This type of property damage claim covers the cost of repairing your vehicle after a car accident. You’ll need to provide an estimate of repair costs, which can be obtained from an auto body shop or mechanic.
Diminished Value Claim
Even after repairs, your vehicle may lose value due to the accident. A diminished value claim allows you to recover the difference between your car’s value before and after the accident occurred.
Total Loss Claim
If your vehicle is destroyed or considered a total loss after a car accident, you may be able to recover the fair market value of the vehicle at the time of the accident. This amount is typically determined by the car’s pre-accident condition, mileage, and market value.
Items Within the Car
Property damage can also include items within your car. When speaking to an insurance company, make sure to include any damaged or destroyed property like:
- Items in the trunk
- Car seats
- Electronic equipment
- Items in the glove compartment
Contact Our Alpharetta Car Accident Lawyers Today
Understanding the Georgia statute of limitations for property damage claims is crucial for anyone seeking compensation after a car crash. Working with an experienced personal injury attorney can ensure your claim is filed correctly and on time.
At Horst Shewmaker, LLC, we are dedicated to helping you recover the money you deserve for property losses. Contact us today for a free consultation. We’ll work with you to navigate Georgia law, protect your rights, and pursue the compensation you deserve.
