Arizona's Two-Year Injury Deadline: What A.R.S. § 12-542 Actually Says

Arizona gives you two years to file a lawsuit for a personal injury, counted from the day the claim accrues. A.R.S. § 12-542 sets that limit, and it applies to the typical car-crash injury case against a private driver. An insurance claim and a lawsuit are different things, and talking to an adjuster does not stop the lawsuit clock.

What the statute covers

Section 12-542 lists the actions that must be commenced within two years after the cause of action accrues. Two matter most after a crash: personal injury actions, and wrongful death actions, which the statute says accrue "at the death of the party injured." The same section also covers claims for trespass and for conversion of personal property, and it notes that exceptions exist under A.R.S. § 12-551.

In plain terms, if you were hurt because of someone else's conduct and the defendant is a private person or business, the default is two years to file suit in court.

An insurance claim is not a lawsuit

After a crash, most people deal first with an insurance company. Reporting the crash, submitting medical bills, and negotiating with an adjuster all happen outside court. None of that is "commencing an action." The limitations period in § 12-542 concerns filing a lawsuit, so a claim that is still being negotiated as the two-year mark approaches can still expire if no suit is filed. Policies may also carry their own notice or claim requirements, so read the policy language for your own coverage.

When the two years start

The statute measures from when the cause of action accrues. For a crash injury, that is ordinarily the date of the crash. For wrongful death, the statute itself fixes accrual at the date of death, which can differ from the date of the underlying accident. Whether a later-discovered injury changes the start date is a fact-specific question, and it is one to raise with a licensed Arizona attorney rather than assume.

Minors and people under a legal disability

A.R.S. § 12-502 provides that when a person entitled to bring an action is under eighteen or of unsound mind at the time the cause of action accrues, the period of that disability does not count toward the time limit. That person has the same amount of time after the disability ends that others have. By its own terms, that section applies to actions other than those in article 2 of the same chapter, which is where the rules for claims against public entities sit.

Government defendants follow different rules

If a city, county, state agency, or public employee caused the crash, the two-year rule is not the one to plan around. A written notice of claim is due within 180 days, and missing it can end the case. We cover that in detail in Suing Arizona Over a Crash? The 180-Day Notice of Claim.

Your own policy may have separate rules

Claims under your own uninsured or underinsured motorist coverage come from a contract with your insurer, and the deadlines and notice terms in that policy can matter alongside the statute. Our explainer on Arizona UM/UIM coverage covers how that coverage works.

Practical takeaways

Write down the date of the crash, and calendar the two-year anniversary the same day. Do not treat ongoing insurer communication as protection against the deadline. If the other party might be a government entity, work backward from 180 days, not two years. And if the injured person is a child, talk to an attorney about how § 12-502 applies before assuming any date.

This article is general legal information, not legal advice. Deadlines depend on the facts of each case; consult a licensed Arizona attorney promptly. Statute text was checked against the Arizona Legislature's published Arizona Revised Statutes.