How Long Do I Have to File a Car Wreck Lawsuit in Alabama?

How Long Do I Have to File a Car Wreck Lawsuit in Alabama?

After a serious car wreck, most people are concerned about medical treatment, getting their vehicle repaired, and returning to work. Filing a lawsuit may be the last thing on their minds.

The insurance company may still be investigating the accident. Your doctor may not know whether you will need surgery. You may even be receiving regular calls from an adjuster who assures you that your claim is being handled.

Unfortunately, none of those circumstances necessarily protects you from missing an important legal deadline.

In most Alabama car wreck cases, you have two years from the date of the accident to file a personal injury lawsuit. But some claims involve much shorter deadlines, and waiting too long can permanently prevent you from recovering compensation.

Alabama’s Two-Year Deadline for Car Wreck Lawsuits

Under Ala. Code § 6-2-38(l), most personal injury lawsuits arising from automobile accidents must be filed within two years after the claim accrues. In an ordinary car wreck case, that generally means two years from the collision.

Suppose you are injured in a wreck on March 15, 2026. Ordinarily, if you have not settled you claim, you would need to file your personal injury lawsuit within the applicable two-year period ending in March 2028, subject to the rules governing computation of deadlines.

You do not have to complete medical treatment before filing a lawsuit. Nor must you know the full extent of your permanent injuries.

This distinction matters because serious injuries often take considerable time to evaluate. A person with a spinal injury may spend months undergoing conservative treatment before a surgeon recommends an operation. Someone with a traumatic brain injury may not immediately understand how the condition will affect employment.

Those developments may substantially affect the value of a claim, but they ordinarily do not restart the filing deadline.

Does Negotiating With the Insurance Company Extend the Deadline?

One of the most dangerous mistakes an injured person can make is assuming that ongoing insurance negotiations protect the right to sue.

Imagine that you were injured in a collision eighteen months ago. The other driver’s insurance company has accepted responsibility for the wreck, obtained your medical records, and made an offer that you believe is too low.

The adjuster tells you that the company will reconsider the offer after reviewing additional documentation.  You continue negotiating, believing that you have plenty of time because the company is still discussing settlement, but if the statutory deadline passes without a lawsuit being filed, the insurer may assert the statute of limitations as a defense.

Making an insurance claim is not the same as filing a lawsuit. And ordinary settlement discussions do not automatically extend the time allowed by Alabama law.

There can be unusual circumstances involving an enforceable agreement or conduct supporting an estoppel argument, but an injured person should never assume that such an exception applies.  If the deadline is approaching, the safer course is to have an attorney evaluate whether a lawsuit must be filed to preserve the claim.

What If the Other Driver Was Working or Driving a Company Vehicle?

The same general two-year period often applies when a collision involves a commercial truck, delivery van, or other company vehicle; however, these accidents can require additional investigation.

For example, a delivery driver may have been operating a vehicle owned by an employer. The driver’s conduct, employment relationship, company policies, and available insurance coverage may all be relevant.

In some cases, the employer may bear legal responsibility for the driver’s negligence. Other parties may also need to be investigated.

Identifying the correct defendants before the deadline is important because discovering another potentially responsible party after the limitations period expires can create serious procedural problems.

Are There Shorter Deadlines If a City Vehicle Caused the Wreck?

Yes. This is one of the most important exceptions to the ordinary two-year rule.

Suppose you are injured when a city-owned vehicle collides with your car. You may believe you have two years to take legal action, just as you would after a collision with a privately owned vehicle, but Alabama imposes special notice requirements on many claims against municipalities.

Under Ala. Code §§ 11-47-23 and 11-47-192, an injured person generally must present a qualifying personal injury claim against a municipality within six months after the claim accrues. The statutes address the information that must be provided and how the claim is presented.

The consequences of missing that requirement can be severe.

In Parton v. City of Huntsville, 362 So. 2d 898, 899–902 (Ala. 1978), the Alabama Supreme Court considered a claim involving a child who was allegedly injured because of the city’s negligence. The required municipal notice was not presented within six months. Although the injured person was a minor, the Court held that minority did not excuse compliance with the municipal notice statute and affirmed the judgment against the claim.

The lesson is that a claim involving a city may require action much sooner than an ordinary automobile accident claim.

Different rules may apply to claims involving counties, state agencies, public employees, or other governmental entities. Governmental immunity can also affect whether a claim exists at all.

If a government vehicle or employee was involved, the applicable requirements should be investigated immediately rather than assuming the usual two-year deadline controls.

What If Someone Died in the Car Wreck?

When a collision causes a death, Alabama’s wrongful death statute generally requires the lawsuit to be commenced within two years after the person’s death. See Ala. Code § 6-5-410(d).

That is an important distinction because the date of death and the date of the collision may not be the same.

Alabama wrongful death claims also differ from ordinary personal injury claims in significant ways, including the nature of recoverable damages and who has authority to bring the lawsuit.  Generally, the action must be brought by the deceased person’s duly appointed personal representative, subject to applicable statutory rules.

Families should not wait until the end of the two-year period to begin addressing those requirements.

What If the Injured Person Is a Minor?

Alabama law provides special limitations rules for certain people who are minors when their claims arise.  Under Ala. Code § 6-2-8, the ordinary limitations period may be suspended in qualifying circumstances until the legal disability ends.

However, that does not mean every claim involving a child can safely be delayed.

As the Parton decision illustrates, special statutory notice requirements may still apply. Wrongful death claims and other particular causes of action can also involve different rules.

When a child is injured in a collision, the applicable deadline should be determined based on the specific claim and the parties involved.

Why You Should Not Wait Until the Deadline Approaches

Even when the ordinary two-year period applies, waiting can make a case harder to prove.  A witness who clearly remembers the accident today may remember very little eighteen months later. Surveillance footage may have been overwritten. A damaged vehicle may have been sold or destroyed.  Delay can also make medical causation more difficult to establish.

For example, suppose an insurance company argues that your back problems existed before the collision. Medical records documenting your symptoms and treatment shortly after the wreck may become important evidence.

We examine those disputes in “The Insurance Company Says the Car Wreck Didn’t Cause My Injury. How Do I Prove It Did?”

Likewise, if an injury prevents you from returning to work, employment records and medical restrictions may be essential to establishing lost wages or diminished earning capacity. Our article “Can I Recover Lost Wages If a Car Wreck Keeps Me From Working in Alabama?” explains how those losses are evaluated.

Preserving evidence and investigating potential defendants early gives an injured person a better opportunity to present a well-supported claim.

Talk With Powell & Denny Before Your Time Runs Out

If you were injured in an Alabama car wreck, understanding the filing deadline is one of the first steps in protecting your legal rights.  At Powell & Denny, P.C., we help injured Alabamians investigate automobile accidents, evaluate their injuries, and understand their options for pursuing compensation.

If you have questions about the deadline for bringing a claim, don’t hesitate to contact and speak with one of the experienced Alabama Car Wreck attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.

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