The Minnesota car accident statute of limitations sets a deadline by which you must file a lawsuit following a car accident. In most cases, you have six years from the accident date to file a lawsuit seeking compensation for your injuries and losses. You will likely lose your right to collect compensation if you miss this deadline.
However, don’t wait until the six-year deadline is approaching to speak with an attorney. Acting quickly after a crash helps you preserve crucial evidence and speeds up the timeline for receiving damages. Partner with our experienced car accident attorneys so we can investigate your case, meet all filing deadlines, and seek fair compensation for your injuries.
If you’ve been in a crash, call Milavetz Injury Law, P.A., today at 763-560-0000 or complete our online contact form to learn how the statute of limitations on car accidents applies to your case.
- How Much Time Do You Have to File a Car Accident Lawsuit in Minnesota?
- When Does the Time Limit Start for a Car Accident Lawsuit in Minnesota?
- How Does Comparative Negligence Affect My Ability to File a Lawsuit?
- Are There Any Exceptions to Minnesota’s Car Accident Statute of Limitations?
- What Happens if You Miss the Deadline to File a Car Accident Claim?
- How Can a Minnesota Car Accident Lawyer at Milavetz Injury Law, P.A. Help You Meet Deadlines?
- Schedule a Free Car Accident Case Evaluation Today With Our Team
How Much Time Do You Have to File a Car Accident Lawsuit in Minnesota?
Under Minnesota’s personal injury statute of limitations, you generally have six years from the accident date to file a claim following a car accident. You have three years from the date your loved one died in a crash to file a wrongful death claim. However, you cannot file beyond six years of the onset of injuries that led to death.
You have less time if you are suing the government, such as after a crash with a city bus. When suing the government, you must file an initial claim to the government entity within 180 days for personal injuries and within one year for wrongful death cases.
Since Minnesota is a no-fault accident state, you must first turn to your personal injury protection coverage, or PIP, for basic economic losses such as medical bills. Minnesota has a six-month deadline to notify your insurance company of your accident and intent to file a PIP claim.
If you fail to file your lawsuit on time by even one day, a judge will likely dismiss it. Not only do you lose your right to pursue compensation in court, but insurers lose much of the incentive to offer fair settlements.
When Does the Time Limit Start for a Car Accident Lawsuit in Minnesota?
The personal injury statute of limitations for car accidents in Minnesota generally starts running on the crash date. In wrongful death car accident cases, the clock starts running on the date of death.
However, there are some exceptions. If you did not immediately discover that you had an injury, the clock does not begin to run until you discover or should reasonably discover the injury. However, if you didn’t realize your harm because you failed to seek prompt medical attention, a judge likely won’t grant you more time.
How Does Comparative Negligence Affect My Ability to File a Lawsuit?
If you were partly at fault for your car accident, Minnesota’s comparative negligence law impacts whether you can collect damages and how much. You can recover compensation for your damages if you are less than 51 percent responsible for your accident. In other words, you can’t share more of the fault than the other party, though you can have equal liability and still file a lawsuit.
The law reduces your damages based on your percentage of fault. For example, if you have $1 million in damages and are deemed 30 percent responsible for the crash, you can collect $700,000.
Minnesota insurance laws also contain provisions related to comparative negligence. Under Minnesota Statutes § 72A.201, insurers must assess comparative fault in good faith when determining liability in a car accident.
Are There Any Exceptions to Minnesota’s Car Accident Statute of Limitations?
A judge typically won’t grant extensions to the statute of limitations on car accidents unless your case meets a statutory exception. These include the following:
- Minors: Under Minnesota Statutes Section 541.15, the statute of limitations for plaintiffs who were minors at the time of the incident starts running on their 18th birthday.
- Incapacity: Those not mentally competent have one year after their incapacity is lifted or up to five years from the accident date to file a claim, whichever is sooner.
- Absence from the state: Based on Minnesota Statutes Section 541.13, the statute of limitations is tolled, or paused, when a defendant leaves the state. However, you must diligently try to find and serve them with your claim.
Do not assume your claim fits an exception to the Minnesota car accident statute of limitations. Consult our experienced car accident attorneys promptly after your crash so we can start investigating your claim and advise you of various time limits.
What Happens if You Miss the Deadline to File a Car Accident Claim?
The primary consequence of missing the statute of limitations for auto accidents is losing your right to seek compensation through the courts. A judge will dismiss your claim if you are even one day late and do not meet the criteria for an exception.
You also lose your leverage in an insurance claim. Some cases settle because insurance companies are afraid of trial outcomes. They have no incentive to settle fairly if legal action is no longer a threat.
After a car accident, you don’t need the additional stress associated with insurance and legal deadlines. Contact an experienced attorney quickly so they can file your claims on time.
Why Is It Important to Act Quickly After a Car Accident in Minnesota?
An insurance company’s primary consideration is its bottom line. If you file a claim quickly— when you are represented by a respected Minnesota personal injury attorney—insurers may think twice about offering a low settlement or delaying your claim.
Acting quickly can also preserve key evidence. Witnesses forget details, road crews clean up accident scenes, and the weather can wash away evidence. You can also receive much-needed compensation faster if you file promptly.
Car accident claims—especially those involving injuries—take time to investigate. There may be several rounds of settlement negotiations, followed by mediation or a trial. None of these things can happen until you file your claim.
How Can a Minnesota Car Accident Lawyer at Milavetz Injury Law, P.A. Help You Meet Deadlines?
Our accomplished attorneys understand Minnesota car accident laws, including the car crash statute of limitations. We will help you meet your deadlines and guide you through the legal process.
The Minnesota statute of limitations for motor vehicle accidents isn’t the only deadline you must meet. There are also deadlines for filing insurance claims, submitting evidence, and responding to motions from the other party. There are also mandatory court appearances. Missing any of these could lead to a claim denial.
Filing on time is the first step in making an insurance company take your claim seriously. Our attorneys have significant experience collecting evidence and calculating damages across various types of cases. We also know how insurers operate during settlement negotiations and how important it is to file early and with strong arguments.
Schedule a Free Car Accident Case Evaluation Today With Our Team
Don’t miss important deadlines affecting your compensation in a car accident insurance claim or lawsuit. Partner with our experienced attorneys quickly so we can evaluate your case, collect valuable evidence, and calculate your full damages. We will file your claim on time and handle negotiations with insurance companies.
Since 1963, our firm has stood up for everyday people, leveling the playing field against insurance companies and others who don’t want to pay accident victims what they deserve. Talk to our car accident lawyers at Milavetz Injury Law, P.A., to discuss how the Minnesota car accident statute of limitations applies to your case.
Call us today at 763-560-0000 or complete our online contact form for a free case evaluation.
We serve clients across Minnesota from our 13 locations, including the following:
