Generally speaking, the statute of limitations for a personal injury is two years, which means you could be sued until two years after the accident. As far as record retention is concerned, it is important to keep any potentially relevant documents, even if your records retention policy says otherwise. Even though you have not yet been sued, you know there was an accident, and that means you arguably have notice that there could be a lawsuit. Under those circumstances, you have a duty to preserve evidence which you know or reasonably should know is potentially relevant or is reasonably likely to be requested during discovery. Failing to retain relevant evidence could result in the jury being allowed to conclude that the destroyed evidence was unfavorable to the party responsible for its destruction.