Tennessee · Comparative fault · Updated Oct 2026

Comparative fault in Tennessee: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Tennessee, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
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.
Insurance system
Fault (tort)

Insurance and small claims in Tennessee

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.

Small claims limit for car damage in Tennessee: $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

More facts for Tennessee

  • 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).

If the insurer says you were partly at fault

  1. Get the police report. Buy a crash report online for $10.00 (credit card; no prepaid cards) through the Tennessee Highway Patrol crash report page. Reporting a crash in Tennessee and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Tennessee Department of Commerce and Insurance, Consumer Insurance Services.
  4. Sue before the deadline: 3 years for property damage and 1 year for injury.

Who pays in Tennessee: fault and payout explainer

Modified comparative fault (50% bar)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).

Free help in Tennessee

Questions about comparative fault in Tennessee

Is Tennessee a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. 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.

Where can I complain if an insurer blames me unfairly in Tennessee?

Tennessee Department of Commerce and Insurance, Consumer Insurance Services: https://www.tn.gov/commerce/insurance/consumer-resources/file-a-complaint.html · 1-800-342-4029 or (615) 741-2218

How do I get 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.

More for Tennessee drivers

Nearby states

Sources

Last checked: Oct 24, 2026.