By Serdar Arslan, editor · Last reviewed · How we research
In Tennessee, an injury lawsuit generally must be filed within 1 year of the crash. The deadline can extend to 2 years in some cases where criminal charges are brought against the at-fault driver within 1 year and you sue that person. Wrongful death claims follow the same 1-year rule, while vehicle damage claims get 3 years.
Suits against a city, county or utility district must generally be filed within 12 months under the Governmental Tort Liability Act. Pain and suffering is generally capped at $750,000, or $1,000,000 for certain catastrophic injuries, but the cap does not apply in some cases, such as when the at-fault driver was impaired. Tennessee uses a modified 50% rule: at 50% or more fault, you recover nothing. The owner or driver must file an Owner Operator Report with the Department of Safety within 20 days after crashes with injury, death or more than $1,500 in property damage, regardless of fault. Tennessee had 1,197 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 1 year from the date of injury. It can extend to 2 years in some cases where criminal charges under state law are brought against the person who caused the crash within 1 year, and you sue that person. |
|---|---|
| Property damage deadline | Generally 3 years for damage to personal property such as your vehicle Source: Tenn. Code Ann. § 28-3-105(1) |
| Wrongful death deadline | Generally 1 year, because Tennessee wrongful death claims follow the personal injury deadline Source: Tenn. Code Ann. § 28-3-104(a)(1) |
| Claims against a government entity | A lawsuit against a local government (city, county, utility district) under the Governmental Tort Liability Act generally must be filed within 12 months after the cause of action arises. Claims against the State of Tennessee go to the Tennessee Claims Commission and have their own rules. Source: Tenn. Code Ann. § 29-20-305(b) |
| Fault rule | Modified comparative fault (50% bar): Your damages are reduced by your percentage of fault, but you recover nothing if you are 50% or more at fault. |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | Noneconomic damages (such as pain and suffering) are generally capped at $750,000, or $1,000,000 for certain catastrophic injuries. The cap does not apply in some cases, such as when the at-fault driver was impaired by alcohol or drugs. Economic damages like medical bills and lost wages are not capped (Tenn. Code Ann. § 29-39-102). |
| Reporting a crash | If a crash causes injury or death, more than $1,500 in property damage, or more than $400 in damage to government property, the owner or driver must file an Owner Operator Report with the Department of Safety within 20 days, no matter who was at fault. You must also notify police right away when someone is injured or killed. |
Getting your crash report in Tennessee
Buy a crash report online through Purchase TN Crash ($10 by credit card) or, for Highway Patrol crashes, at a THP district office or by mail ($4). For crashes handled by a city police or sheriff's office, you can also ask that agency directly. Official request page
Checking a Tennessee lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
1,197 people died in motor vehicle crashes in Tennessee in 2024, according to NHTSA FARS – State crashes and all victims.
Frequently asked questions
›Is it true I have only 1 year to sue after a Tennessee crash?
Generally yes. Personal injury claims generally must be filed within 1 year from the date of injury (Tenn. Code Ann. § 28-3-104(a)(1)). It can extend to 2 years in some cases where criminal charges are brought against the at-fault driver within 1 year and you sue that person (§ 28-3-104(a)(2)).
›What is the Owner Operator Report?
It is a report the owner or driver must file with the Tennessee Department of Safety within 20 days, no matter who was at fault. It is required after a crash with injury or death, more than $1,500 in property damage, or more than $400 in damage to government property (Tenn. Code Ann. § 55-10-107).
›Does the damages cap apply if the other driver was drunk?
Possibly not. Tennessee generally caps noneconomic damages at $750,000, or $1,000,000 for certain catastrophic injuries, but the cap does not apply in some cases, such as when the at-fault driver was impaired by alcohol or drugs (Tenn. Code Ann. § 29-39-102). Economic damages are not capped.
›What if I was 50% at fault?
You recover nothing. Tennessee bars recovery at 50% or more fault, and reduces damages by your percentage of fault below that line (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992)).
›How long do I have to sue a Tennessee city or county?
A lawsuit against a local government under the Governmental Tort Liability Act generally must be filed within 12 months after the cause of action arises (Tenn. Code Ann. § 29-20-305(b)). Claims against the State go to the Tennessee Claims Commission.
Sources
- Tennessee Code (official free public access via LexisNexis)
- TN Dept. of Safety – Financial Responsibility Law
- TN Dept. of Safety – Submit an Owner Operator Report
- Tennessee Highway Patrol – Obtaining a Crash Report
- MTAS – Procedures under the Governmental Tort Liability Act
- Board of Professional Responsibility – Online Attorney Directory
- Board of Professional Responsibility – Lawyer Referral Services
- NHTSA FARS – State crashes and all victims