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The Tennessee car accident statute of limitations is among the shortest in the country. After a crash has completely upended your life, that’s the last thing you want to hear. We get it. But Keeping It Real: deadlines matter. Here, we explain filing deadlines and your rights after a car crash injury so that you can navigate this difficult process with confidence and hope.
If you or a loved one was injured in a car accident in Tennessee, you may be able to seek compensation for medical expenses, lost wages, and other losses. But that right can be threatened if you miss the deadline to file a claim.
At Bernheim Kelley Injury Lawyers, we have decades of experience helping injured clients pursue the Real Justice they deserve. We want to hear your story, and the sooner, the better.
Call 615-813-1111 today to schedule a FREE consultation with our team of Nashville car accident attorneys. We’ll get to work right away and make sure Tennessee’s deadline to file a car accident lawsuit is met while you focus on your health.
What Is the Statute of Limitations for Car Accidents in Tennessee?
A statute of limitations is a legal deadline. It is the time the law gives you to file a lawsuit in court. Car collision lawsuits fall under the personal injury statute of limitations.
Under Tennessee car accident laws:
- Injury Claims: You generally have 1 year from the crash date to file a car accident injury lawsuit for medical bills, lost income, and other losses.
- Wrongful Death: When a loved one is lost, you will usually have 1 year from the date of their passing to file a wrongful death action.
- Property Damage Only: You typically have 3 years to sue for vehicle repairs and other property losses caused by the collision.
These are the broad rules. It is always recommended to consult with a Nashville car crash injury lawyer to ascertain the exact deadline for your claim and discuss your options for compensation.
When the Clock Starts Ticking
Knowing when the statute of limitations starts to run is important. Lawyers refer to this as accrual, which is the point at which your claim becomes legally valid and the clock begins to tick. In Tennessee, accrual could begin on the following:
- Date of the Crash: For most injury claims, the clock starts on the day of the accident.
- Discovery Rule (limited): If an injury wasn’t reasonably discoverable right away, the clock may start when you knew or should have known you were hurt and that it was caused by the crash.
- Wrongful Death: When a loved one is lost, the claim generally accrues on the date of their passing.
- Minors & Legal Incapacity: Tennessee law can pause (“toll”) the deadline while the injured person is under 18 or legally incompetent. Once the disability ends (upon turning 18 or regaining capacity), a new window opens, typically lasting up to 1 year (subject to specific statutory limits).
Keep in mind: These rules are highly technical. Don’t ever assume that extra time applies to you and your claim. Speak with an experienced attorney to get a clearer understanding of your rights and deadlines.
Exceptions to Tennessee’s Statute of Limitations for Car Accidents
Your deadline could change in certain situations, though exceptions are rare. Tennessee law can extend, pause, or adjust it. Here are some examples:
- Criminal Charges from the Crash: If the at‑fault driver is criminally charged for conduct arising out of the wreck (e.g., DUI), your time to file a civil injury suit may be extended to 2 years from the date of injury.
- Minors or Persons of Unsound Mind: As noted above, the clock can be tolled while the person is under 18 or legally incapacitated, and it resumes once they turn 18 or regain capacity.
- Fraudulent Concealment or Inability to Locate the Defendant: Courts may toll the clock if the defendant conceals their identity or is out of state.
- Claims Involving Government Entities: If a city, county, or state vehicle is involved, special procedures and damage caps often apply. Deadlines are strict, and some claims must be filed in a specific court.
Even when an exception may apply, waiting is risky. The safest move is to assume the shortest deadline and act immediately.
What Happens if I Miss the Deadline To File a Car Crash Claim?
If you file after the Tennessee car accident statute of limitations is up, the court can dismiss your case “with prejudice.” That means the court will not hear your case again. It also removes nearly all leverage with the insurance company, even if fault seems clear.
Unfortunately, the clock is unforgiving. It does not stop for settlement talks, medical treatment, or evidence collection. It only pauses if a specific law tolls the deadline or if there is a signed tolling agreement. Those situations are very uncommon.
If your deadline is approaching, consult with a car accident lawyer in Nashville as soon as possible. They can determine your best course of action, prepare and file your lawsuit on time, and take steps to preserve evidence and protect your claim while you focus on getting the medical treatment you need.
If you fear that the statute of limitations may have already passed, still reach out to legal counsel just in case. An attorney can review your claim, check for any possible tolling, review your insurance policies for separate notice requirements, and advise you on any remaining options for compensation.
Why Do We Have These Deadlines?
These time limits exist for practical and fairness reasons:
- Keeps Evidence Reliable: Police reports, medical records, vehicle and phone data, dashcam footage, and witness statements are easier to obtain and verify soon after a crash.
- Promotes Fairness: Prevents lawsuits from being filed so long after the event that it becomes impossible to prove what happened.
- Encourages Timely Resolution: Keeps cases from dragging on and helps everyone get answers and closure.
- Provides Certainty: Deadlines give everyone involved, including insurers, a clear point of resolution.
Tennessee car accident laws are different from insurance policy notice requirements. Start your insurance claim promptly, but don’t make any admissions of liability, give a recorded statement, or sign a settlement agreement before speaking with knowledgeable legal representation.
Frequently Asked Questions About the Tennessee Car Accident Statute of Limitations
The Tennessee car accident statute of limitations is the deadline to file a lawsuit in court. Insurance claims follow your policy’s rules. Reporting your crash to the insurer is important, but it does not stop the 1-year lawsuit deadline. If settlement talks do not result in a fair offer, you keep your right to pursue compensation only by filing a lawsuit on time.
Many auto policies, especially those with uninsured or underinsured motorist coverage (UM/UIM), have their own notice and lawsuit requirements. Some expect prompt written notice and, in some cases, a timely lawsuit against the at-fault driver to preserve coverage. Speak with a car crash attorney to understand your options and deadlines and protect your claim.
You may have a claim under your uninsured motorist (UM) coverage. UM claims are contractual and can carry their own notice and filing requirements. Some policies require you to sue the at‑fault driver within the 1-year statute of limitations or take specific steps to preserve your UM claim. An attorney can review your policy and make sure every deadline is met.
No. Ongoing talks or a pending claim do not stop the statute from running. Unless the insurer signs a written tolling agreement (which is very, very rare), you must file your car collision lawsuit within the Tennessee statute of limitations.
Get Real Justice Before Time Runs Out
Don’t let the Tennessee car accident statute of limitations pass you by. A missed deadline shouldn’t decide your future and financial stability. Auto accidents are shocking and life-changing. If you were injured or a loved one was lost due to someone else’s negligence, you deserve fair and full compensation. Know your rights, act quickly, and get the help you need.
Contact Bernheim Kelley Injury Lawyers Today
Reach out to our team of steadfast Nashville car accident attorneys now to schedule a FREE case evaluation. We are proud to represent clients in Davidson County and throughout the state of Tennessee.
Our team at Bernheim Kelley will handle the details of your claim with diligence and compassion. From gathering evidence and sourcing medical treatment to negotiating with insurers and filing a lawsuit, we provide the highest standard of representation with no fee unless we win.
Why Choose Us?
When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.
