What should I do after a car accident in Tennessee?

Tennessee is an at-fault (tort) state operating under modified comparative negligence adopted by the Tennessee Supreme Court in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).

1. Immediate Steps at the Scene

Stop and exchange information (T.C.A. § 55-10-101 to 55-10-103). Felony for hit-and-run with injury.

Render reasonable aid.

Call 911 for injuries.

2. Mandatory Reporting

Police: Required for injury, death, or damage exceeding $1,500 (T.C.A. § 55-10-106).

TN Crash Report: Within 20 days to Department of Safety if police did not investigate AND damage exceeds $1,500 (T.C.A. § 55-12-104).

Notify your insurer.

3. Minimum Liability Insurance

25/50/25 under T.C.A. § 55-12-102.

4. Modified Comparative Negligence — 50% Bar

Under McIntyre v. Balentine and as later codified, the plaintiff is barred from recovery if their fault is 50% or more ("less than 50%" rule). At 49% or below, damages are reduced by the plaintiff's percentage. This is the stricter "50% bar," not the 51% bar.

5. Statute of Limitations — Notably Short

Personal injury: 1 year (T.C.A. § 28-3-104) — among the shortest in the U.S.

Property damage: 3 years (T.C.A. § 28-3-105).

Wrongful death: 1 year (T.C.A. § 28-3-104).

Claims against the State: file with the TN Claims Commission within 1 year (T.C.A. § 9-8-402); against local governments under the GTLA, 12 months (T.C.A. § 29-20-305).

6. Damages Caps

Tennessee caps non-economic damages at $750,000 (or $1 million for catastrophic injuries) per plaintiff under T.C.A. § 29-39-102 — though McClay v. Airport Mgmt. Servs., LLC, 596 S.W.3d 686 (Tenn. 2020), upheld the cap.

This is legal information, not legal advice.