Served with a lawsuit a year after a rear-end collision

Q: How long does someone have to file an injury lawsuit in Georgia?

Two years. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. A suit served well after the collision may still be timely.

Q: What should a driver do first after being served with a lawsuit over a crash?

Notify the liability insurer straight away and send the suit papers. Most policies obligate the insurer to provide a defense, that obligation generally depends on prompt notice, and a response deadline runs from the date of service.

Q: Does being rear-ended decide who was at fault in Georgia?

No. Georgia recognises no presumption of negligence from the fact of a rear-end collision. Fault is proved on the evidence, commonly under the following-too-closely standard in O.C.G.A. § 40-6-49.

Question

I was in a rear-end collision in September 2022 and was given a ticket, which I paid. I have recently been served with a personal injury lawsuit arising from the same accident. What happens now?

A. Jason Velez · Accepted Answer

Being served a year after a collision is normal, and the first call is to your insurer. Being served long after a collision is normal rather than a sign that something has gone wrong. Georgia allows two years, and a suit filed near the end of that window is filed on time. So a September 2022 collision could properly produce a suit filed up to September 2024, and service often follows filing by some weeks. The first thing to do is tell your liability insurer immediately, and send the suit papers themselves. Under most policies the insurer owes a defense and will appoint a lawyer to provide it. That obligation generally depends on prompt notice, and the deadline to respond to the complaint runs from the date of service. On the merits, being struck from behind does not settle the question. Georgia does not presume that the following driver was negligent simply because a collision happened from behind. Fault still has to be proved, and the statute that usually supplies it is O.C.G.A. § 40-6-49(a): The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. What the traffic citation means for the civil case is a separate question, and it turns on how that citation was resolved. Take the citation paperwork to the lawyer who handles the defense and ask specifically how the disposition was recorded, because the answer is not the same for every disposition. ## What you can do 1. Send the suit papers to your liability insurer today and keep proof of when you sent them. 2. Note the date you were served — the deadline to respond runs from it. 3. Do not contact the other party or their lawyer directly. 4. Gather the crash report, photographs and the citation paperwork for the lawyer who defends you. 5. Ask that lawyer specifically how your citation was disposed of and what it means here. ⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one. A Georgia attorney can tell you quickly how the facts here line up, and most will look at a collision like this at no cost.

Served with a lawsuit a year after a rear-end collision

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