Is Tennessee a No-Fault State?

Tennessee is not a no-fault state. It uses an at-fault system, which means the driver who caused the crash is generally responsible for the losses. After a Tennessee car accident, an injured person may seek payment through the at-fault driver’s liability insurance, their own uninsured/underinsured motorist coverage if available, or a lawsuit when the insurer refuses to resolve the claim fairly.

What Is the Difference Between At-Fault and No-Fault States?

There are two types of state laws, and understanding the difference is crucial when determining fault and, therefore, who is financially responsible for an accident.

In a no-fault state like Michigan or New York, injured people begin the legal process by using their personal injury protection coverage, regardless of who was at fault in the crash. Twelve states have no-fault laws, some of which let drivers choose how to secure compensation.

In an at-fault state like Tennessee, injured victims secure coverage from the at-fault driver’s insurance. If the at-fault party doesn’t have insurance, then Tennessee drivers can seek compensation from their own insurance company or directly from the individual.

Under Tennessee law, drivers do not need personal injury protection coverage, though every driver must have the minimum insurance coverage under TN Code § 55-12-139.

What Do Tennessee’s At-Fault Laws Mean After a Car Accident?

Tennessee’s fault laws mean the injured person must prove fault and who caused the crash before recovering compensation. Payment may come from one or more sources, depending on the facts of the accident and the available insurance coverage.

After a Tennessee car accident, compensation may come from:

• The at-fault driver’s liability insurance, which is usually the first source of recovery
• Your own uninsured motorist coverage, if the at-fault driver has no insurance
• Your own UM coverage, if the other driver’s limits are too low to cover the full loss
• Medical payments coverage, if your policy includes it, to help with medical bills while the claim is pending
• Collision coverage, which may help pay for vehicle repairs regardless of fault
• A lawsuit against the negligent driver, if the insurer denies the claim, disputes fault, or refuses to offer a fair settlement
• A third-party claim against another responsible party, such as an employer, trucking company, rideshare company, bar, vehicle owner, manufacturer, road contractor, or government entity

Comprehensive coverage is different. It usually applies to non-collision vehicle damage, such as theft, vandalism, fire, weather damage, or animal-related damage. It generally does not cover injury losses caused by an uninsured or underinsured driver.

Because Tennessee is an at-fault state, insurance companies usually focus on two questions: who caused the crash and how much damage the crash caused. If they dispute either issue, they may delay payment, deny the insurance claim, or argue that you were partly responsible.

Who Pays Medical Bills After a Car Accident in Tennessee?

The at-fault driver may ultimately be required to cover damages such as medical bills, but this does not mean the insurer pays every bill as it arrives. While liability claims can cover past and future medical care, lost wages, and other costs, insurance companies often don’t pay until you have reached maximum medical improvement, meaning your overall prognosis is clear.

You may have to use your health insurance or medical payments coverage, if available. In other cases, you may have to pay for medical care and lost income out of your own funds, or treat under a medical lien or letter of protection.

Later, we can recover compensation from the car insurance company to repay your health insurance, or pay you directly if you were self-pay. This process is called subrogation, and it is a common practice in car accident claims. Our car accident attorneys can ensure these bills are paid by the correct party in a timely manner.

What Are the Auto Insurance Requirements in Tennessee?

Tennessee law requires all drivers to maintain liability insurance with minimum coverage limits of $25,000 for each bodily injury or death, $50,000 for total injuries or deaths per accident, and $25,000 for property damage per accident (TN Code § 55-12-139).

Unfortunately, this minimum coverage is often not enough after a serious accident. Victims may require hospitalization, surgeries, or physical therapy beyond what’s covered by Tennessee auto insurance requirements. Those who suffered permanent disability may need a lifetime of care, which can be hundreds of thousands of dollars.

What If the At-Fault Driver Doesn’t Have Enough Insurance Coverage?

When the other driver doesn’t have insurance coverage, you may need to use your own insurance coverage to handle the costs. This could be from additional coverage like UM/UIM or collision, or health insurance, depending on what you currently have.

How Is Fault Determined in a Tennessee Car Accident?

Fault means one party was more negligent than the others. Negligence means that a person failed to use reasonable care to prevent an accident. Some common causes of car accidents relevant to negligence include speeding, distracted or drowsy driving, failure to yield, following too closely, disobeying stop signs or red lights, or impaired driving.

Evidence needed to establish fault includes:

• Police reports
• Witness statements
• Accident scene photos
• Vehicle damage and accident reconstruction
• Surveillance, traffic, or dashcam footage
• Phone records for distracted driving
• Toxicology reports for DUI
• Event data recorders
• Medical records

It is crucial to avoid admitting fault after a car accident, such as by leaving the scene or apologizing. Let our attorneys handle all communications with insurance companies.

What Is Comparative Negligence?

Tennessee follows a modified comparative negligence rule, allowing injured parties to recover damages if they are less than 50% at fault for the accident. This was established in the Tennessee Supreme Court Case McIntyre v. Balentine.

For example, if you have $100,000 in damages and are considered 20% responsible, you can only recover $80,000, while if you are 50% or more responsible at fault, you cannot recover damages.

Insurers might say that your injuries were caused by something other than the accident. They may also claim you were negligent by speeding, texting while driving, making an unsafe lane change, or failing to brake in time. If you were not wearing a seat belt, this can also be used against you.

Do I Have to Sue After a Tennessee Car Accident?

Many claims are settled without a lawsuit. However, a lawsuit may be necessary if the insurance company undervalues the claim, the available insurance coverage doesn’t cover all damages, or fault is disputed. Our Nashville personal injury attorneys will provide legal guidance about whether a lawsuit might be necessary.

How a Car Accident Attorney Can Help

Our Nashville car accident attorneys can help by:

• Identifying the right insurance policy, including the liability coverage of the person causing the accident, your uninsured/underinsured motorist coverage, MedPay, collision coverage, or another available policy
• Determining whether the other party was insured, underinsured, driving a company vehicle, or covered by an employer’s commercial policy
• Preserving and presenting evidence to prove fault, such as police reports, crash-scene photos, witness statements, traffic-camera footage, dashcam footage, property damage, phone records, and event data recorder information
• Responding to comparative fault arguments if the insurer claims you were speeding, distracted, following too closely, failed to brake, made an unsafe lane change, or were not wearing a seat belt
• Calculating damages before settlement, including medical bills, future treatment, lost income, reduced earning capacity, property damage, pain and suffering, and permanent impairment
• Reviewing policy limits so you do not accept a settlement before knowing whether other insurance or liable parties may be available
• Handling insurer communications, including recorded-statement requests, low offers, claim delays, and disputes over who caused the crash
• Filing a lawsuit before Tennessee’s deadline if the insurer denies fault, undervalues the claim, or refuses to negotiate fairly

At Grissim & Waterman, we provide compassionate legal representation while ensuring your rights are protected. If you or a loved one suffered severe injuries in a car accident, contact us at 615-255-9999 for a free consultation about your legal rights.

FAQs

What Damages Can You Recover in an At-Fault Tennessee Car Accident Claim?

Damages awarded in Tennessee car accident claims can include:

• Past and future medical expenses
• Past and future lost wages
• Property damage
• Pain and suffering
• Emotional distress
• Scarring and disfigurement
• Loss of enjoyment of life
• Permanent impairment
• Wrongful death damages for fatal crashes

How Long Do You Have to File a Car Accident Claim in Tennessee?

The statute of limitations for filing a personal injury lawsuit in Tennessee is one year from the date of the accident (Tennessee Code § 28-3-104), which is a very short timeline. Insurers may use delays to prevent claims before the Tennessee car accident statute of limitations runs out, while evidence and witness statements may become harder to secure. Contact us for a free case evaluation so that we can file a claim within the time limit.