Car Accident Claims in Tennessee
Minimum car insurance in Tennessee, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: A driver in a crash causing injury or death, or apparent property damage of $50 or more, must immediately, by the quickest means available, notify the local police department (inside a city) or otherwise the county sheriff or the nearest Tennessee Highway Patrol office. Tenn. Code Ann. § 55-10-106
| Reporting a crash to police | A driver in a crash causing injury or death, or apparent property damage of $50 or more, must immediately, by the quickest means available, notify the local police department (inside a city) or otherwise the county sheriff or the nearest Tennessee Highway Patrol office. This applies on highways and on premises generally open to the public, such as shopping centers, trailer parks and apartment complexes. Mirror: FindLaw copy of the Tennessee Code, labeled current as of January 2, 2024 (the official code is published by LexisNexis). Source: Tenn. Code Ann. § 55-10-106 |
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| Crash report to the DMV | If you were the driver or owner in a crash that caused death or injury, more than $1,500 in property damage, or more than $400 in damage to state or local government property, you must file (or have someone file for you) an Owner Operator Report with the Tennessee Department of Safety and Homeland Security within 20 days of the crash. It is required regardless of fault and in addition to any police report. Not filing may lead to suspension of your driver license and registrations (or nonresident driving privileges). It can be filed online through the department's e-Services. The department's page does not cite the underlying statute; the statutory section was not read. |
| Leaving the scene (hit and run) | A driver in a crash must stop at or as close to the scene as possible. If anyone is injured or killed, or an attended vehicle is damaged, the driver must give their name, address and vehicle registration number, show their license if asked, and give reasonable help to anyone injured (including arranging transport for treatment). Leaving an injury or death crash is a Class A misdemeanor, and a Class E felony if the driver knew or should have known someone died; the license is revoked on conviction. In a property-damage-only crash, after everyone agrees there is no injury, all parties must stay until information is exchanged. Failing to do so is a Class B misdemeanor if the damage to others' property appears to be $1,500 or less, or a Class A misdemeanor if more, and an uninsured driver also faces at least a one-year license suspension. Mirror: FindLaw copy, current as of January 2, 2024. Property damage: https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-10-102/ ; information and aid: https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-10-103/ |
| Minimum car insurance | Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond. Source: Tenn. Code Ann. § 55-12-102(12) |
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault. Source: Tenn. Code Ann. § 29-39-102(b) |
| Deadline to sue for an injury | One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted. Source: Tenn. Code Ann. § 28-3-104(a) |
| Deadline to sue for property damage | Three years for injuries to personal or real property and for detention or conversion of personal property. Source: Tenn. Code Ann. § 28-3-105 |
More Tennessee personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Tennessee
- Wrongful Death Lawsuits in Tennessee
- Medical Malpractice Rules in Tennessee
- Dog Bite Liability in Tennessee
- Sidewalk and Public Property Falls in Tennessee
- Motorcycle Accident Claims in Tennessee
- Pedestrian Accident Claims in Tennessee
- Bicycle Accident Claims in Tennessee
- Uber and Lyft Accident Claims in Tennessee
- Truck Accident Claims in Tennessee
- Construction Site Injuries in Tennessee
- All Tennessee personal injury & wrongful death rules
FAQ
When do you have to report a car accident to the police in Tennessee?
A driver in a crash causing injury or death, or apparent property damage of $50 or more, must immediately, by the quickest means available, notify the local police department (inside a city) or otherwise the county sheriff or the nearest Tennessee Highway Patrol office. This applies on highways and on premises generally open to the public, such as shopping centers, trailer parks and apartment complexes.
Do you have to report a car accident to the DMV in Tennessee?
If you were the driver or owner in a crash that caused death or injury, more than $1,500 in property damage, or more than $400 in damage to state or local government property, you must file (or have someone file for you) an Owner Operator Report with the Tennessee Department of Safety and Homeland Security within 20 days of the crash. It is required regardless of fault and in addition to any police report. Not filing may lead to suspension of your driver license and registrations (or nonresident driving privileges). It can be filed online through the department's e-Services.
What are your duties after a car accident in Tennessee?
A driver in a crash must stop at or as close to the scene as possible. If anyone is injured or killed, or an attended vehicle is damaged, the driver must give their name, address and vehicle registration number, show their license if asked, and give reasonable help to anyone injured (including arranging transport for treatment). Leaving an injury or death crash is a Class A misdemeanor, and a Class E felony if the driver knew or should have known someone died; the license is revoked on conviction. In a property-damage-only crash, after everyone agrees there is no injury, all parties must stay until information is exchanged. Failing to do so is a Class B misdemeanor if the damage to others' property appears to be $1,500 or less, or a Class A misdemeanor if more, and an uninsured driver also faces at least a one-year license suspension.
What is the minimum car insurance required in Tennessee?
Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond.
Can you recover damages if you were partly at fault in Tennessee?
Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault.
What is the statute of limitations for personal injury in Tennessee?
One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted.
How long do you have to sue for property damage in Tennessee?
Three years for injuries to personal or real property and for detention or conversion of personal property.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.