Injury · Tennessee
the short answer
You have one year from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being half to blame or more ends the claim. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
Tenn. Code § 28-3-104(a)(1)
source ↗Not yet checked against the statute.
who pays first
Tennessee is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (Tenn. Code § 55-12-102)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as Tennessee. Compare every state →
your share of the fault
You recover only while your share of the fault stays under half. At fifty percent you are barred outright; below it, the award is cut by your percentage. (McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992))
source ↗Not yet checked against the statute.
Across the country. 10 of the 51 states written up answer this the same way as Tennessee. Compare every state →
limit
1 year
source ↗Not yet checked against the statute.
Across the country. Tennessee is the only one of the 51 states written up that answers this way. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
Court of general sessions
source ↗Not yet checked against the statute.
small claims limit
$25,000
source ↗Not yet checked against the statute.
exceptions: Eviction and actions to recover personal property have no limit at all here.
source ↗Not yet checked against the statute.
also
One year is the shortest injury deadline in the United States. It stretches to two where criminal charges are brought against the other driver out of the same crash, but nothing else extends it, and the year runs whether or not the insurer is still talking to you.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Tennessee. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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