Northfield Family Lawyers & Crypto Fraud Attorneys | Irwin Law Office PLC

How Long Do You Have to File a Car Accident Claim in Minnesota?

Contact Us Now
How Long Do You Have to File a Car Accident Claim in Minnesota?

If you were hurt in a crash, the clock is already ticking. Minnesota law gives you a limited window to bring your claim, and some deadlines arrive much sooner than people realize. This guide explains the most critical time limits for Minnesota car accident cases, how special rules can shorten or extend them, and what to do now to protect your rights.

If you have questions about your specific facts, a Minnesota car accident lawyer at Irwin Law Office PLC can walk you through your options.

The Core Deadline: Six Years For Most Minnesota Car Accident Lawsuits

For most negligence-based car accident lawsuits in Minnesota, you generally have six years to file suit. This period typically runs from the date of the crash, because Minnesota treats an auto collision injury claim as an “injury to the person” claim covered by the six-year statute in Section 541.05. 

What the six-year deadline covers:

  • Bodily injury claims against a negligent driver
  • Property damage claims for vehicle repairs or total loss
  • Many other negligence theories tied to the crash

Filing a lawsuit is different from opening an insurance claim. Negotiating with an insurer does not pause the statute of limitations. If you do not file suit before the deadline, a court can dismiss the case even if the insurer was still “reviewing” your file.

Wrongful Death After A Crash: Three Years, With An Outer Limit Of Six

If a loved one passes away because of crash-related injuries, Minnesota’s wrongful death statute sets a three-year filing deadline. The clock typically starts on the date of death, but in no event can the case be started more than six years after the underlying act or omission that caused the death. There are special rules for medical negligence and for deaths caused by intentional acts. 

Key points for families:

  • You must proceed through a court-appointed trustee, who brings the claim for the next of kin.
  • If medical malpractice contributed to the death, a three-year rule applies, but medical malpractice also has its separate limitation that can restrict the timeline.
  • Intentional-act death cases (for example, specific murder scenarios) have special timing language in the statute. 

Given the interplay of rules, families should move quickly. A Northfield auto accident attorney can help you get the right trustee appointed and track the exact deadline for your situation.

Minnesota No-Fault (PIP) Benefit Disputes: Six Years, But Accrual Is Different

Minnesota requires Personal Injury Protection (PIP) coverage under the No-Fault Act. When an insurer overdues or denies PIP benefits, your claim to enforce payment is treated like a contract claim with a six-year limitation period. Courts measure that period from when benefits are discontinued or overdue, not simply from the date of the accident. 

Practical takeaways:

  • Each overdue PIP bill can trigger its six-year clock from the date it became overdue or the benefits were cut off. 
  • Many PIP disputes go to No-Fault arbitration, but the statute of limitations still matters. If the time to bring an action expires, your recovery can be barred.
  • Keep proof of when you submitted bills and when the insurer denied or failed to pay.

If the insurer is dragging its feet on wage loss or medical bills, speak with a Minnesota car accident lawyer about documenting “overdue” dates and protecting your arbitration or litigation rights.

Uninsured Motorist (UM) And Underinsured Motorist (UIM) Claims Have Special Accrual Rules

UM and UIM claims come from your auto policy and are governed by both Minnesota law and the language of your policy.

  • UIM accrual: The Minnesota Supreme Court holds that a UIM claim accrues when you settle with or obtain a judgment against the at-fault driver. From that accrual date, the six-year limitations period (contract-based) applies.
  • UM accrual: For UM claims, the Minnesota Supreme Court has held that the six-year limitations period typically runs from the date of the accident. That is true even for “excess” UM claims. 

Policy traps to avoid:

  • Your policy may impose notice, consent-to-settle, or suit-limitation provisions that are shorter than general statutes. Courts often enforce clear policy deadlines in the UM context, so do not wait. 
  • Hit-and-run UM claims have strict proof and notice requirements in many policies. Report such crashes to the police and your insurer immediately.

If you suspect the other driver is uninsured or underinsured, contact a Northfield auto accident attorney early so you do not miss an internal policy clock while negotiating liability.

Claims Against Minnesota Government Entities: Very Short Notice Deadlines

If your crash involves a governmental vehicle or roadway defect, you face extra notice rules before you can sue.

  • Cities, counties, school districts, and other municipalities: You must serve a notice of claim within 180 days after the loss or injury is discovered. The notice must state the time, place, and circumstances, and the compensation demanded. There are separate provisions for wrongful death notice. 
  • State of Minnesota and its agencies (Minnesota Tort Claims Act): You must present written notice to the Attorney General and the involved agency within 180 days of discovering the loss or injury.

These notice clocks can expire long before the six-year limitation for negligence. If your crash involved a city snowplow, a transit bus, a state-owned vehicle, or hazardous road conditions, talk to a Dundas, MN car wreck lawyer right away so the 180-day notice goes out on time.

Dram Shop And Social Host Claims After Drunk Driving Crashes

If a bar, restaurant, or other licensed vendor illegally sold alcohol to the driver who hurt you, Minnesota’s Civil Damages Act may allow an additional claim. Two important timing rules apply:

  1. You must serve a special “notice of claim” on the vendor within 240 days after entering an attorney-client relationship for the claim.
  2. The lawsuit deadline is two years from the injury for dram shop claims.

Dram shop claims can dramatically increase available insurance coverage, but the notice window is short. If alcohol overservice might be involved, alert your Minnesota car accident lawyer immediately so the investigation and notice happen on time.

Tolling For Minors And Legally Incapacitated People

Minnesota “tolls” or pauses the limitation period in certain situations. If you were under 18 when the claim accrued, or you were legally incapacitated (for example, due to insanity as defined by statute), the clock is suspended during the disability, subject to caps. As a general rule, the tolling period may not be extended for more than five years and not more than one year after the disability ends, with special rules for medical malpractice. 

What that means in practice:

  • An injured minor typically has at least one year after turning 18 to start suit, but do not wait because other caps and exceptions may apply.
  • If a governmental entity is involved, separate notice-of-claim deadlines may still apply and can be shorter than tolled limitation periods. 

Because tolling is fact-sensitive, get personalized guidance from a Northfield auto accident attorney as soon as possible.

Federal Tort Claims Against The United States

If the negligent driver was a federal employee acting in the scope of employment, or if your case involves a federal vehicle, your claim is governed by the Federal Tort Claims Act (FTCA):

  • Two years to file a written administrative claim with the appropriate federal agency
  • Six months to file suit in federal court after a final written denial of that claim (or six months after the agency fails to act)

FTCA claims have their forms and procedures, so speak with counsel early.

Insurance Claim Deadlines Versus Lawsuit Deadlines

Minnesota law sets the statute of limitations for lawsuits, but your insurance policy sets claim-reporting and proof-of-loss deadlines. Both matter.

  • Prompt notice to your insurer is almost always required. Delay can allow the insurer to deny coverage.
  • For UM/UIM claims, policies often include mandatory steps and internal time windows that are shorter than general statutes. Missing a policy deadline can sink an otherwise valid claim.

A Minnesota car accident lawyer can review your policy and calendar all contractual and statutory time limits.

Examples To Make The Timing Real

  • Example 1: Standard Negligence Claim
    You are rear-ended on January 15, 2025, in Northfield. You generally have until January 15, 2031 to file a negligence lawsuit. Settlement talks with the other driver’s insurer do not extend the deadline.
  • Example 2: UM Claim For Hit And Run
    You suffered injuries on July 1, 2025, in a hit-and-run in Dundas. Your UM claim limitation clock typically runs six years from the date of the accident. Waiting for other developments does not push that date out, and your policy may require even shorter internal timelines or specific proof steps.
  • Example 3: UIM Claim After Settlement
    You settle with the at-fault driver on March 1, 2027, and the settlement does not make you whole. Your UIM claim accrues on that settlement date, and you generally have six years from then to start the UIM action, subject to policy conditions.
  • Example 4: City Vehicle Crash
    A Minneapolis public works truck sideswipes you on May 10, 2025. You must serve the municipal notice of claim within 180 days of discovering the loss, even though you may still have years to sue for negligence.
  • Example 5: Dram Shop Add-On
    The at-fault driver was overserved at a bar in Rice County. After you retain a lawyer, the lawyer has 240 days to serve the dram shop notice on the vendor, and the dram shop lawsuit must be filed within two years of the injury.

Frequently Asked Questions

Do I Have To File An Insurance Claim Right Away?

You should report a crash to your insurer promptly because nearly every policy requires timely notice. Late notice can jeopardize coverage. Reporting the claim, however, is not the same as filing a lawsuit, and it does not pause legal deadlines. Review your policy and set both claim and court timelines. 

What If I Realized My Injuries Were Worse Months Later?

Minnesota generally uses the occurrence rule for negligence, not a broad discovery rule. The six-year statute typically still runs from the accident date, although tolling and special statutes can affect particular categories. Talk to counsel as soon as you suspect lasting harm. 

How Do These Deadlines Work With No-Fault Benefits?

For unpaid or denied PIP benefits, the six-year period usually runs from when the insurer discontinued paying or when a bill became overdue, not from the crash date. Document denials and overdue dates. 

What If The At-Fault Driver Was A Government Employee?

Serve the proper notice of claim within 180 days. For cities and counties, use Section 466.05. For the State of Minnesota and its agencies, follow Section 3.736. Then track the ordinary negligence statute for filing suit. 

Can Deadlines Ever Be Extended For Minors Or Incapacitated Adults?

Yes. Minnesota’s tolling statute suspends the clock while a qualifying disability exists, subject to caps. In many non-medical cases, an injured minor has at least one year after turning 18 to bring suit, but do not assume tolling saves a claim without legal advice. 

What To Do Now To Protect Your Claim

  1. Calendar: The Earliest Possible Deadline. If there is any chance your case involves UM, municipal, state, or dram shop issues, assume shorter clocks apply.
  2. Report Claims Promptly And In Writing. Notify your insurers and preserve copies. Late notice can forfeit coverage.
  3. Preserve Evidence Early. Photos, dashcam footage, vehicle data, and witness names become increasingly difficult to obtain over time.
  4. Avoid Signing Broad Releases. Settlement releases can affect UIM rights if not handled correctly. Get counsel before you sign.
  5. Get Legal Guidance. A local attorney can identify every applicable deadline and coordinate PIP, liability, UM/UIM, and any dram shop or government claims.

Local Help In Northfield, Dundas, And Across Minnesota

If you are in Rice County or nearby, Irwin Law Office PLC is ready to help. Whether you need a Minnesota car accident lawyer, our team can:

  • Calculate all statutes of limitations and notice deadlines for your case
  • Manage PIP benefit submissions and arbitrations
  • Pursue liability, UM, UIM, dram shop, and government claims on the right timelines
  • Negotiate with insurers while protecting your rights to sue

Bottom Line

  • Most Minnesota crash lawsuits have a six-year limitation.
  • Wrongful death cases are generally three years from death, but never more than six years from the act or omission, with special rules for medical negligence and intentional acts.
  • No-fault (PIP) disputes are typically six years from when benefits become overdue or are discontinued. 
  • UM claims usually run six years from the accident, while UIM claims run six years from settlement or judgment against the at-fault driver. 
  • Government claims require notice within 180 days. Some alcohol-related claims require 240-day notice and a two-year lawsuit deadline. 

Deadlines are unforgiving. If you were hurt in a Minnesota crash, contact Irwin Law Office PLC for a free consultation with a Northfield auto accident attorney today. An experienced Dundas, MN car wreck lawyer can make sure every clock is tracked and every claim is protected from day one.

Call Minnesota Attorney Dan Irwin

Don't wait—call now to schedule your consultation and let Minnesota Attorney Dan Irwin fight for your rights!

Call Us Now

Talk to a Lawyer Now

Contact Form 1

Speak With an Experienced Lawyer Now

Contact Form 1

Copyright © 2025 Irwin Law Office PLC

Call Now

(507) 664-1155

Office Address

Mailing Address

Disclaimer: This website provides general information and does not constitute legal advice. Viewing or using this site does not establish an attorney-client relationship. By submitting your information, you consent to communication via phone, text, or email.

crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram