Car Accident Statute of Limitations in Tennessee
Last verified 2026-07 · Source: Tenn. Code Ann. § 28-3-104 ✓ verified · 3 sources
The deadline
1 year
from For a car-accident injury, the one-year clock generally starts on the date of the accident, when the cause of action accrues under Tenn. Code Ann. § 28-3-104(a)(1)., under Tenn. Code Ann. § 28-3-104.
Advertisement
The deadline to file a car accident lawsuit in Tennessee is 1 year, set by Tenn. Code Ann. § 28-3-104. It starts running on For a car-accident injury, the one-year clock generally starts on the date of the accident, when the cause of action accrues under Tenn. Code Ann. § 28-3-104(a)(1).. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Tennessee Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 1 year | Tenn. Code Ann. § 28-3-104 |
| Credit Card Debt | 6 yrs | Tenn. Code Ann. § 28-3-109(a)(3) |
| Medical Malpractice | 1 yr | Tenn. Code Ann. § 29-26-116 |
| Wrongful Death | 1 yr | Tenn. Code Ann. § 28-3-104 |
| Personal Injury | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Dog Bite | 1 yr | Tenn. Code Ann. § 44-8-413; SOL: § 28-3-104 |
| Slip and Fall | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Defamation | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Breach of Contract | 6 yrs | Tenn. Code Ann. § 28-3-109 |
| Medical Debt | 6 yrs | Tenn. Code Ann. § 28-3-109 |
When the Clock Starts
In Tennessee, the limitations period for car accident lawsuits generally begins on For a car-accident injury, the one-year clock generally starts on the date of the accident, when the cause of action accrues under Tenn. Code Ann. § 28-3-104(a)(1).. Tennessee recognizes a discovery rule for this claim type: Tennessee applies the discovery rule, so the one-year period does not begin to run until the injured person knew, or in the exercise of reasonable care and diligence should have known, of both the injury and the wrongful conduct that caused it.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a Tennessee governmental entity (for example, a crash involving a government vehicle) fall under the Governmental Tort Liability Act, which requires suit within twelve months of the injury under Tenn. Code Ann. § 29-20-305(b).
- Damage caps: Tennessee caps noneconomic damages (such as pain and suffering) at $750,000, rising to $1,000,000 for catastrophic injuries, under Tenn. Code Ann. § 29-39-102.
Tennessee sets one of the nation's shortest personal-injury deadlines: a car-accident lawsuit must generally be filed within one year of the crash under Tenn. Code Ann. § 28-3-104(a)(1).
Source: Tenn. Code Ann. § 28-3-104, official Tennessee statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Tennessee government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Tennessee Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Tennessee | 1 year | Tenn. Code Ann. § 28-3-104 |
| Kentucky | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Virginia | 2 yrs | Va. Code § 8.01-243(A) |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52(5), (16) |
| Georgia | 2 yrs | O.C.G.A. § 9-3-33 |
| Alabama | 2 yrs | Ala. Code § 6-2-38(l) |
| Mississippi | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Arkansas | 3 yrs | Ark. Code Ann. § 16-56-105 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Tennessee?
You have 1 year from For a car-accident injury, the one-year clock generally starts on the date of the accident, when the cause of action accrues under Tenn. Code Ann. § 28-3-104(a)(1)., under Tenn. Code Ann. § 28-3-104.
Can I still sue after 1 years in Tennessee?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Tennessee?
Yes. Tennessee applies the discovery rule, so the one-year period does not begin to run until the injured person knew, or in the exercise of reasonable care and diligence should have known, of both the injury and the wrongful conduct that caused it.
What if the victim was a minor?
Tennessee generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a Tennessee governmental entity (for example, a crash involving a government vehicle) fall under the Governmental Tort Liability Act, which requires suit within twelve months of the injury under Tenn. Code Ann. § 29-20-305(b).
Advertisement
Sources
- Official Tennessee Code § 28-3-104 (2024) - Personal tort actions; actions against certain professionals (Justia; official-fallback, no free state source)
- Corroborating Tennessee Code Title 28. Limitation of Actions § 28-3-104 (FindLaw)
- Corroborating Tennessee Personal Injury Laws and Deadlines to File a Case (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Tennessee attorney.