Tennessee car accident law: deadlines, fault and your claim

Filing deadlines in Tennessee#

Tennessee's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for injuries is section 28-3-104 of the Tennessee Code. The clock usually starts on the day of the crash, and one year passes quickly when you are still in treatment.

The two-year exception. The longer deadline applies only when criminal charges are brought against someone alleged to have caused the injury, the prosecution starts within the first year, and you sue the person prosecuted. The statute says these rules must be strictly construed, so a licensed attorney can tell you whether they fit your case.

Children. For an injured child, Tennessee's tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary rule means a child can sue after turning 18, within the normal deadline counted from that birthday. For an injury claim, that is one year from the 18th birthday.

Government vehicles. A lawsuit against a city, county or other local government must be filed within 12 months. A claim against the State of Tennessee starts with a written notice of claim to the Division of Claims and Risk Management before the normal filing deadline runs out. If the division does not pay or deny the claim within 90 days, it moves to the Claims Commission.

How fault is shared in Tennessee#

Tennessee's rule comes from McIntyre v. Balentine, 833 S.W.2d 52, 57 (Tenn. 1992), in which the state Supreme Court replaced the old all-or-nothing rule. You can recover as long as your fault is less than the combined fault of the people you sue. Your damages are reduced by your own share, and at 50% or more you recover nothing.

That 50% line is stricter than in states with a 51% bar, where an even split still allows recovery. Try the fault-rule explainer to compare Tennessee with other states.

Insurance in Tennessee#

Tennessee is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses.

Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary matters a great deal here. The Insurance Information Institute estimates that 21.3% of Tennessee drivers were uninsured in 2023, well above the national estimate of 15.4%. A signed rejection form binds everyone on the policy, so it is worth checking whether yours was rejected or lowered. Our guide to uninsured driver accidents explains how these claims work. The Tennessee Department of Commerce and Insurance takes consumer questions at 615-741-2241.

After a crash in Tennessee#

Tennessee law gives drivers two reporting duties:

1. Call the police. The driver must immediately notify the local police, the sheriff or the Highway Patrol after a crash with injury, death or at least $50 of damage. This also applies in places open to the public, such as shopping center parking lots.
2. Send a written report. For a crash with injury, death or damage over $1,500 to one person's property, the driver must send a written report to the Department of Safety within 20 days.

You can get the officer's crash report online or from a Highway Patrol district office for crashes the Tennessee Highway Patrol worked, and from the city police or sheriff's office for theirs. A Highway Patrol report costs $10 online or $4 in person or by mail, and is usually ready at the district office about 7 days after the crash. Our police report guide explains how insurers use it.

Special rules in Tennessee#

Damage caps. Tennessee limits noneconomic damagesNon-economic damages. Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. Glossary, such as pain and suffering, to $750,000 per injured person, or $1,000,000 for a catastrophic loss such as paralysis from a spinal cord injury or the loss of both hands or both feet. Punitive damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary need clear and convincing proof and are capped at the greater of two times the compensatory damages or $500,000.

When the caps do not apply. Neither cap applies when the defendant was under the influence of alcohol or drugs, their judgment was substantially impaired, and that caused the injury or death. The caps also do not apply to intentional injuries, hidden or destroyed records, or conduct that led to a felony conviction.

Government limits. A local government's liability is limited to $300,000 per person and $700,000 per accident for injury or death, and $100,000 for property damage.

Crashes on Tennessee roads#

The Insurance Institute for Highway Safety counted 1,197 crash deaths in Tennessee in 2024, or 16.6 per 100,000 people, compared with 11.5 per 100,000 people nationally. Speeding played a part in 19% of the deaths, and 40% happened on rural roads.

Finding a lawyer in Tennessee#

The Tennessee Bar Association does not run a lawyer referral service. Instead, there are local bar referral services in Chattanooga, Knoxville, Memphis and Nashville:

The Board of Professional Responsibility keeps a list of referral services and an online attorney directory where you can confirm that a lawyer is licensed. Our guide on checking a lawyer's license lists other checks worth making.