Car accidents in Tennessee: what to do and who pays

Guides for Tennessee drivers

At the scene and reporting a crash in Tennessee

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Stop at the scene. Call 911 if anyone is hurt. The state driver manual says you must immediately notify the local police (inside a city), otherwise the county sheriff or the nearest Tennessee Highway Patrol office, of any crash with death, injury or property damage over $50. If the driver can't, a passenger who can must do it. If you hit an unattended vehicle and can't find the owner, report it to police.

Damage amount

$1,500

Report to the state

If the crash caused death or injury, more than $1,500 in property damage, or more than $400 in damage to state or local government property, the owner or driver must file an Owner Operator Report with the Tennessee Department of Safety and Homeland Security within 20 days. This is required whoever was at fault and even if an officer also filed a report. File online through e-Services or by mail to P.O. Box 945, Nashville, TN 37202. Not filing can lead to suspension of your license and registration.

Deadline for your report

20 days

Law

Tennessee Department of Safety and Homeland Security, Owner Operator Report page (current $1,500 / $400 thresholds); TN Comprehensive Driver License Manual (info as of July 1, 2022), 'Reporting Crashes' (police notice, $50)

Official text

Read the official text

Reporting a crash in Tennessee and getting the police report

First 24 hours after a crash in Tennessee

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Tennessee

Tennessee is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP is required. Tennessee has no no-fault law: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage. State law sets minimum liability limits for every driver.

Law

T.C.A. § 55-12-102(12)(D), as stated by the Department of Safety and Homeland Security

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Tennessee

Rule

Modified (50% bar)

What it means

In Tennessee, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Law

McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), as described by the Tennessee Department of Commerce and Insurance (Bulletin, June 29, 1993): you must be less than 50% at fault to recover, and your award is reduced by your share of fault. Common-law rule, not a statute.

Compare every state's rule in the comparative negligence table.

Comparative fault in Tennessee: the rule, the law and a payout calculator

Who pays in Tennessee: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Tennessee

Liability minimum

25/50/25

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Tennessee

Buy a crash report online for $10.00 (credit card; no prepaid cards) through the Tennessee Highway Patrol crash report page. You need the last name, crash date, reporting agency, driver's license number, and the VIN, plate, case or tracking number. If the Highway Patrol investigated, you can also buy it for $4.00 at a THP District Office, in person or by mail, about 7 days after the crash. For city police or sheriff reports, ask that agency.

You can also ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Tennessee

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Tennessee

Failing to show proof of insurance is a Class C misdemeanor with a fine of up to $300, and the vehicle may be towed. After a conviction, the state suspends the driver's license unless they prove, within 30 days of the notice, that they had insurance on that date. After a crash with $400 or more in damage, you (or your insurer or lawyer) can file a claim with the Department of Safety against an uninsured driver who contributed to it: their driving privileges can be revoked unless they show insurance, get a release from you, or post a bond. To recover from an uninsured driver, check whether your own policy has uninsured motorist coverage.

Read what to do if you are hit by an uninsured driver.

Hit by an uninsured driver in Tennessee: what to do

Deadlines to sue in Tennessee

Property damage (your car)

3 years

Injury

1 year

Law

T.C.A. § 28-3-104 (injury, 1 year); § 28-3-105 (property, 3 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Tennessee

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Tennessee

Small claims limit

$25,000 in General Sessions Court (Tennessee has no court called small claims; you file a civil warrant).

Tennessee small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Tennessee

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Tennessee Department of Commerce and Insurance, Consumer Insurance Services · 1-800-342-4029 or (615) 741-2218

Free help in Tennessee

• TN Department of Commerce and Insurance, Consumer Insurance Services · 1-800-342-4029
• TN Department of Safety, Financial Responsibility / Owner Operator Report · (866) 903-7357
• Tennessee Highway Patrol: Crash Report

Good to know in Tennessee

• Only 1 year to sue for personal injury, one of the shortest deadlines in the U.S. (T.C.A. § 28-3-104).
• The Owner Operator Report is due within 20 days even if police already made a report and even if you weren't at fault (TN Dept. of Safety and Homeland Security).
• The insurance department has warned insurers that finding you 50% or more at fault without real evidence, to deny a claim, can be an unfair trade practice (TDCI Bulletin, June 29, 1993).

Free letters

Questions about car accidents in Tennessee

Other states