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Jason R. Schultz

Q:
I know the statute of limitations for a car accident is 2 years from the date of the wreck. It has been over two years and the insurance company is telling me I missed the statute and there is nothing they can do. Is there any way around the 2 year limitation?

A:

Possibly.  If the at fault driver was given a traffic citation, you may be in luck.  The Supreme Court of Georgia in the case of Beneke v. Parker held that the statute of limitations is tolled until final disposition of the citation.  In other words, until the citation is paid or otherwise disposed of in court, the 2 year statute of limitations does not being to run on your personal injury claim.    

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