# Tennessee car accident law: deadlines, fault and your claim

> Tennessee car accident claims: the 1-year injury deadline and when it extends, the 50% fault bar, uninsured motorist rules, damage caps and crash reports.

Canonical page: https://accidentclaimfacts.com/location/tennessee/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Tennessee you generally have only 1 year from the crash to file a lawsuit for injuries, the shortest general injury deadline of any state. It can stretch to 2 years when the person who caused the crash is criminally prosecuted and you sue that person. Vehicle damage claims have 3 years. Tennessee uses modified comparative fault: your damages are cut by your share of fault, and you recover nothing if you were 50% or more at fault.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 1 year | 2 years in some criminal cases |
| Vehicle damage deadline | 3 years | Tenn. Code Ann. § 28-3-105 |
| Wrongful death deadline | 1 year | Same statute as injury claims |
| Fault rule | Modified comparative: barred at 50% or more | Set by a 1992 court decision |
| Suing a city or county | 12 months | Governmental Tort Liability Act |
| Minimum liability insurance | $25,000 / $50,000 / $25,000 | Per person / per crash / property |
| Fault system | At-fault | PIP: Not required |
| Traffic deaths, 2024 | 1,197 | 16.6 per 100,000 people |
| Lawyer referral | Local bar services | No statewide service |

## Filing deadlines in Tennessee

Tennessee's statute of limitations 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.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 1 year | Tenn. Code Ann. § 28-3-104(a)(1)(A) |
| Injury, when the at-fault person is prosecuted | 2 years | Tenn. Code Ann. § 28-3-104(a)(2) |
| Damage to your vehicle or other property | 3 years | Tenn. Code Ann. § 28-3-105 |
| Wrongful death | 1 year | Tenn. Code Ann. § 28-3-104(a)(1); Collier v. Memphis Light, Gas & Water Div., 657 S.W.2d 771 (Tenn. Ct. App. 1983) |
| Claim against a city, county or other local government | 12 months | Tenn. Code Ann. § 29-20-305 |

**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 tolling 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.

> **Warning:** Insurance talks do not pause the one-year clock. Treatment and negotiations can easily run past a year, so a lawsuit may need to be filed to protect a claim that is still open. Our guide to [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/) explains what that involves.

## 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.

> **Example:** Two drivers collide at a four-way stop, and a jury finds each 50% at fault. In Tennessee, neither recovers from the other. If the jury had split the fault 40% and 60%, the driver at 40% would recover 60% of their proven damages.

That 50% line is stricter than in states with a 51% bar, where an even split still allows recovery. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=tn&fault=20#fault) 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.

| Coverage | Rule in Tennessee |
|---|---|
| Bodily injury liability | $25,000 per person, $50,000 per crash |
| Property damage liability | $25,000 |
| Uninsured motorist | Included at your bodily injury liability limits unless you reject it or choose lower limits in writing (not below the state minimums) |
| Underinsured motorist | Part of uninsured motorist coverage: a driver whose liability limits are lower than your UM limits counts as uninsured |
| Personal injury protection | Not required |

Uninsured motorist coverage 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](https://accidentclaimfacts.com/accidents/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](https://accidentclaimfacts.com/claim-process/police-report/) explains how insurers use it.

## Special rules in Tennessee

**Damage caps.** Tennessee limits noneconomic damages, 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 damages 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:

| Area | Phone or website |
|---|---|
| Chattanooga (Hamilton, Bradley and Rhea counties) | (423) 756-3222 |
| Knoxville (Knox County) | (865) 522-7501 |
| Memphis (Shelby County) | (901) 527-3573 |
| Nashville | [Nashville Bar Association LRIS](https://www.nashvillebar.org/LRIS) |

The Board of Professional Responsibility keeps a [list of referral services](https://www.tbpr.org/for-the-public/lawyer-referral-services) and an [online attorney directory](https://www.tbpr.org/for-the-public/online-attorney-directory) where you can confirm that a lawyer is licensed. Our guide on [checking a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) lists other checks worth making.

## FAQ

### What is the statute of limitations for a car accident in Tennessee?

Generally 1 year from the crash for injuries and 3 years for vehicle damage. Wrongful death claims also have 1 year. Suits against a city or county must be filed within 12 months.

### Can the one-year deadline be extended in Tennessee?

Sometimes. It becomes 2 years when the person who caused the injury is criminally prosecuted within the first year and you sue that person. An injured child can file after turning 18, within the normal period counted from that birthday.

### Is Tennessee a no-fault state?

No. Tennessee is an at-fault state, and personal injury protection is not required. The at-fault driver's liability insurance pays for others' losses, up to its limits.

### Can I recover if I was partly at fault in Tennessee?

Yes, if your share of fault is 49% or less. Your damages are reduced by your percentage. At 50% or more, you recover nothing.

### Does Tennessee cap damages in car accident cases?

Yes. Non-economic damages are generally capped at $750,000 ($1,000,000 for catastrophic losses), and punitive damages at the greater of two times the compensatory damages or $500,000. The caps do not apply when the defendant's alcohol or drug use substantially impaired their judgment and caused the injury.

### How do I get a crash report in Tennessee?

For a Highway Patrol crash, buy it online for $10 or from a district office or by mail for $4. For a crash handled by city police or a sheriff, ask that agency.

## Sources

- [Tennessee Department of Safety and Homeland Security, Crash Report](https://www.tn.gov/safety/tnhp/crashreport.html) — how to buy a crash report
- [Tennessee Bar Association, Find an Attorney](https://www.tba.org/?pg=find-an-attorney) — local bar referral services
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-105](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-105/), checked October 29, 2026
- [U.S. District Court N.D. Ala. (govinfo), Murphy v. McGriff Transportation (2012), quoting Tennessee case law](https://www.govinfo.gov/content/pkg/USCOURTS-alnd-2_11-cv-02754/pdf/USCOURTS-alnd-2_11-cv-02754-0.pdf), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 29-20-305(b)](https://law.justia.com/codes/tennessee/title-29/chapter-20/part-3/section-29-20-305/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-1-106](https://law.justia.com/codes/tennessee/title-28/chapter-1/section-28-1-106/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 9-8-402](https://law.justia.com/codes/tennessee/title-9/chapter-8/part-4/section-9-8-402/), checked October 29, 2026
- [Tennessee Board of Law Examiners (torts outline quoting Tenn. Supreme Court), McIntyre v. Balentine (1992)](https://www.tnble.org/wp-content/uploads/2019/09/Torts.pdf), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 56-7-1201](https://law.justia.com/codes/tennessee/title-56/chapter-7/part-12/section-56-7-1201/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 56-7-1202(a)(1)](https://law.justia.com/codes/tennessee/title-56/chapter-7/part-12/section-56-7-1202/), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Justia (2024 Tennessee Code), Tenn. Code Ann. § 55-10-106](https://law.justia.com/codes/tennessee/title-55/chapter-10/part-1/section-55-10-106/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 55-10-107](https://law.justia.com/codes/tennessee/title-55/chapter-10/part-1/section-55-10-107/), checked October 29, 2026
- [Justia (2024 Tennessee Code), Tenn. Code Ann. § 29-39-102](https://law.justia.com/codes/tennessee/title-29/chapter-39/section-29-39-102/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 29-39-104](https://law.justia.com/codes/tennessee/title-29/chapter-39/section-29-39-104/), checked October 29, 2026
- [Justia (2025 Tennessee Code), Tenn. Code Ann. § 29-20-403(b)(4)](https://law.justia.com/codes/tennessee/title-29/chapter-20/part-4/section-29-20-403/), checked October 29, 2026
- [Tennessee Board of Professional Responsibility, Home page](https://www.tbpr.org/), checked October 29, 2026
- [Tennessee Department of Revenue, Financial Responsibility Law (Drive Insured Tennessee)](https://www.tn.gov/revenue/title-and-registration/drive-insured-tennessee/why-you-should-have-insurance.html), checked October 28, 2026
- [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance), checked October 28, 2026
- [Insurance Information Institute, Background on: Compulsory auto/uninsured motorists (financial responsibility limits by state table)](https://www.iii.org/article/background-on-compulsory-auto-uninsured-motorists), checked October 28, 2026
- [Tennessee Department of Commerce and Insurance, Auto Insurance 101](https://www.tn.gov/commerce/insurance/consumer-edu/auto.html), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026