How Long Does a Car Accident Stay on Your Record in Tennessee
A car accident can leave more than dents. It can stay with you for years to come in the form of points on your driving record and higher insurance rates. In Tennessee, getting into a crash can make it hard to get or keep a driver’s license. The effects depend on who was to blame, the severity of the accident, and whether it was reported to the police or your insurance company.
Drivers asking how long a car accident stays on their record in Tennessee should know the various factors at play. Different types of records track collisions for different periods of time. Knowing these differences is important in understanding what is really on your record.
Understanding the types of records
When people talk about a car accident being on “your record,” they are usually referring to one of the following:
Motor vehicle record
Your official driving record, known as a motor vehicle record (MVR), is maintained by the Tennessee Department of Safety & Homeland Security. The record details traffic violations, license points, suspensions, and crashes that have been reported. Later, we will discuss how long these details stay on your report.
Insurance claims record
An insurance claims record is just as it sounds. This record lays out the history of auto insurance claims you have made. Insurers rely on this record when assessing your risk level to set premiums accordingly. Despite the fact that an accident does not appear on your MVR, it does not mean you are in the clear.
Third-party consumer reports
When you hear of a consumer report, you are probably thinking about credit history. While consumer reports do include financial information, they also show collisions and insurance claims, even if they are no longer displayed on your MVR. Insurance companies will use third-party databases to review your claims history.
How long does a car accident stay on your MVR in Tennessee?
Most crashes stay on your MVR for three years. Suppose there are aggravating circumstances like criminal charges or a major traffic violation (e.g., DUI, reckless driving, etc.) associated with the collision. In that case, you can expect it to be on your report longer. Standard visibility on an MVR commonly includes:
- Reportable accidents: 3 years
- Serious violations: Up to 10 years or more
- Points violations: 2 to 3 years.
How long do insurance companies consider accidents?
Even after a collision is removed from your MVR, it may still impact your insurance premiums. Most auto insurers use a look-back period of 3 to 5 years to analyze risk when setting insurance rates. While minor crashes typically impact your rate for 3 years, major accidents (with injury or total loss) may impact rates for 5 years or more. When insurance companies search your insurance claims record, they can usually see accident data for the past 7 years.
Although your record may seem clean, auto insurers might still be able to see older accident data, whether you are applying for a new policy or renewing an existing one.
Does fault matter?
Fault absolutely matters. It is a significant factor in how long a collision stays on your record and how much you pay for car insurance. Car insurance companies weigh fault heavily when evaluating risk. A single at-fault accident with no injuries or property damage can raise red flags.
At-fault accident
In Tennessee, if you are deemed to have caused an accident, it can make your insurance premium skyrocket. It may be difficult to get competitive rates for several years afterward. Not only could rates be affected, but your ability to qualify for certain discounts or be disqualified from coverage altogether may also be impacted.
Not-at-fault accident
If you are not responsible for the crash, it may still show up on your insurance claims record. Though unlike at-fault accidents, your rates may not rise as much, especially if the police did not issue a citation or if you do not file a claim through your insurance company.
Insurance companies’ view of fault
Be aware that how fault is treated varies across insurers. In the event you were only partially responsible for a collision, you still may be treated as if you were at fault. In such a case, the car accident will be “chargeable.”
How Tennessee defines “reportable” accidents
According to Tennessee’s Financial Responsibility Law, you must file an Owner/Driver Report within 20 days if there is injury or death, or property damage over $1,500 to any one person; $400 if the damage is to state or local government property.
If, for some reason, you fail to file the report on time, your license may be suspended regardless of whether or not you were at fault.
Can an accident be removed from your record early?
Unfortunately, there is not a formal expungement process for traffic accidents in Tennessee. However, there are a few ways to clean up your record. You can request a correction if:
- An accident was reported in error
- Fault was incorrectly assigned
- Another driver caused an accident, but recorded under your name
In these cases, you should contact the agency that files the accident report, which is usually the police department that responded to the scene. The entry on your report may be amended or removed altogether.
Take control of your driving record and future.
In Tennessee, a car accident normally stays on your driving record for a few years, but it might affect your insurance rates for even longer. While there is no surefire way to immediately remove a legitimate crash from your record, knowing what to expect can help you minimize long-term impact.
If you are unsure about what is on your record or you think there is a mistake, do not hesitate to seek legal counsel. The team of lawyers at Rocky McElhaney Law Firm can evaluate your accident history, records, insurance-related consequences, and advise you on steps you can take to protect your driving and insurance status. Reach out to us today to talk to someone about your situation. We have offices in Nashville, Hendersonville, Clarksville, and Murfreesboro to better serve you.