Tennessee Car Accident Compensation Laws

Tennessee car accident laws can make recovering damages after a car crash difficult. Tennessee is an at-fault state, so drivers file claims with the other driver's insurance company after an auto accident. Tennessee uses a modified comparative negligence system, allowing drivers to recover if they are partially responsible for the accident.

Proving fault under Tennessee law means understanding car insurance requirements. You should also have a skillful car accident attorney.

Tennessee Car Accident Laws

Tennessee is an at-fault state. Drivers file car accident claims with the other driver's insurer. The insurance adjuster reviews the claims. Then, the at-fault driver's insurance company pays all damages in the accident case.

The at-fault driver's insurance policy covers all damages up to the policy limit. Drivers may be liable for more damages if their policy does not cover all claims. Tennessee requires all drivers to have minimum liability insurance coverage, including:

• $25,000 bodily injury coverage per person
• $50,000 bodily injury coverage per accident
• $25,000 property damage

Tennessee does not require Uninsured/Underinsured Motorist (UI/UIM) coverage. This insurance pays your medical expenses if you have an accident with an uninsured motorist. The Tennessee Department of Revenue recommends drivers carry UI/UIM insurance and required insurance.

Comparative Negligence

Tennessee uses the modified comparative negligence rule, sometimes called the "49% rule." This rule acknowledges that both drivers may be partially responsible for their injuries in a motor vehicle accident. Under Tennessee's old contributory negligence rule, a driver even 1% at fault could not recover any damages in an accident.

The modified comparative negligence rule used in Tennessee lets drivers recover in an insurance claim if they are less than 50% at fault in the accident. Adjusters determine fault by reviewing medical bills, police reports, and witness statements.

Damages and Limits

In a personal injury claim, "damages" are the monetary costs of injuries and property damage that follow a car crash. There are two types of damages: economic and non-economic.

Economic damages are objective costs calculated from medical and payroll records. They include:

• Medical treatment costs, including future care
• Lost income and earning capacity
• Out-of-pocket repairs and property damage

Non-economic damages are subjective damages resulting from the impact of the accident. These include:

• Pain and suffering
• Emotional distress
• Loss of consortium

Tennessee allows punitive damages in cases where car accident victims can show the at-fault party acted with malicious, intentional, or reckless intent. Juries seldom award punitive damages in accident claims.

Limits

Tennessee does not have caps on economic damages. Your economic damages are "capped" by your medical bills and actual lost wages for practical purposes.

Non-economic damages have two damage caps. State law limits awards to $750,000 unless the loss is "catastrophic." Catastrophic injuries have a cap of $1,000,000. A catastrophic injury is:

• A spinal cord injury resulting in paraplegia or quadriplegia
• Amputation of both hands, both feet, or one hand and one foot
• Third-degree burns over 40% of the body or third-degree burns over 40% of the face
• Wrongful death of a parent leaving a surviving minor child

State law caps punitive damages at two times compensatory damages or $500,000, whichever is greater.

Tennessee has a short statute of limitations, only one year from the date of the accident, to file a personal injury lawsuit. The insurance company may require claimants to wait until they have completed the claims process before beginning legal action. You should consult a car accident attorney immediately after an accident.

Get Legal Advice from a Tennessee Personal Injury Attorney

Tennessee's short statute of limitations and damage caps can confuse victims with serious injuries. Get legal advice from an experienced Tennessee car accident lawyer immediately and protect your rights before time runs out.