The Short Answer:
In Tennessee, fault matters when it comes to car accidents, and the driver who caused the accident is generally the one whose liability insurance pays for the other party’s damages. This is because Tennessee operates under a fault-based insurance system, which means establishing who was responsible is critical.
Whether you’re dealing with property damage, medical bills, or both, the at-fault driver’s insurance typically steps in first. However, fault isn’t always black and white, and multiple types of insurance coverage may come into play depending on the situation.
Key Takeaways
- Tennessee is an at-fault state. The driver responsible for the accident covers the damages.
- Modified comparative fault rule applies. If you’re less than 50% at fault, you may still recover damages, reduced by your level of fault.
- Types of insurance that may pay include liability, collision, MedPay, and uninsured/underinsured motorist coverage.
- Even if you’re not at fault, your own insurance may kick in to cover immediate repairs or if the other driver is uninsured.
Table of Contents
- Is Tennessee an At-Fault State?
- How Fault Is Determined After a Car Accident
- Who Pays for Damages in Different Accident Scenarios
- Types of Insurance Coverage That Can Apply
- Steps to Take After a Car Accident in Tennessee
- When Your Insurance Might Still Pay
- Frequently Asked Questions
- Why Legal Help Can Make a Difference
Is Tennessee an At-Fault State?
Yes, Tennessee is an at-fault state, which means the driver who causes an accident is legally and financially responsible for covering the resulting damages. This system is also known as a fault-based insurance system.
In practical terms, this means that after a crash, the at-fault driver’s liability insurance is used to pay for the other party’s medical expenses, vehicle repairs, and other losses. If multiple drivers share blame, fault is divided according to each party’s level of responsibility.
This system differs from “no-fault” states, where each driver’s insurance covers their own injuries regardless of who caused the crash. In Tennessee, proving who was at fault is a critical part of the claims process.
How Fault is Determined After a Car Accident
Determining who is at fault in a Tennessee car accident is essential because the at-fault party is financially responsible for the damages. Insurance companies, and sometimes the courts, rely on several types of evidence to figure out who caused the crash.
Common sources used to determine fault include:
- Police reports: Officers who respond to the accident scene will often document what happened, note any traffic violations, and sometimes give an initial opinion on fault. These reports carry significant weight in the claims process.
- Eyewitness statements: Independent witnesses can help clarify the sequence of events, especially if the drivers involved have conflicting stories.
- Surveillance or dash cam footage: Video evidence from nearby businesses, traffic cameras, or vehicle dash cams can provide clear, time-stamped proof of how the accident occurred.
- Vehicle damage and accident reconstruction: The location and extent of damage to each vehicle can indicate how the crash happened. In complex cases, accident reconstruction experts may be brought in to analyze the scene.
Tennessee’s Modified Comparative Fault Rule
Tennessee follows a modified comparative fault rule, which means more than one party can share responsibility for an accident. If you are less than 50% at fault, you may still recover compensation, but your total award will be reduced by your percentage of fault.
For example, if you’re found to be 20% responsible for the accident and your total damages are $10,000, you would receive $8,000.
However, if you are 50% or more at fault, you are barred from receiving any compensation under Tennessee law.
This system makes proper fault determination critical. A small shift in the fault percentage can significantly affect your ability to recover damages—or eliminate it entirely.
Who Pays for Damages in Different Accident Scenarios
- If You’re Not at Fault: The other driver’s liability insurance pays.
- If You’re Partially at Fault: Your compensation is reduced proportionally. For example, if you’re 20% at fault, you’ll only receive 80% of your total damages.
- If You’re Fully at Fault: Your own liability insurance pays the other party. You can use your collision coverage (if you have it) to pay for your vehicle damage.
- If the Other Driver is Uninsured or Underinsured: Your UM/UIM coverage (if purchased) may cover your damages.
Types of Insurance Coverage That Can Apply
After a car accident in Tennessee, several types of insurance coverage may help pay for damages—depending on who was at fault, the types of coverage each driver has, and whether additional protections were purchased. Here’s a breakdown of the main insurance types that may apply:
This is the minimum coverage required by law in Tennessee. It pays for injuries or property damage you cause to another person in an accident. If you’re found at fault, your liability policy covers the other party’s medical expenses, vehicle repairs, and potentially other losses—up to your policy limits.
Important: Liability insurance does not pay for your own injuries or vehicle damage.
This optional policy pays for repairs to your own vehicle, regardless of who caused the accident. It can be especially useful if fault is being disputed or if you need to fix your car quickly while the investigation is ongoing.
This is often required if you’re financing or leasing your car, and you’ll typically need to pay a deductible before coverage kicks in.
Also known as MedPay, this optional coverage helps pay for your medical bills and your passengers’ after a crash—no matter who was at fault. It can cover expenses like:
- Emergency room visits
- Ambulance fees
- Follow-up care
This type of coverage can offer fast relief while waiting on a liability claim to be processed.
If the other driver doesn’t have insurance—or doesn’t have enough to cover all your damages—UM/UIM coverage can step in. It helps protect you in scenarios such as:
- Hit-and-run accidents
- Collisions with uninsured drivers
- Crashes where the at-fault driver’s policy isn’t enough to cover your costs
While this coverage isn’t mandatory in Tennessee, it’s highly recommended for added protection on the road.
Understanding what your policy covers, and what it doesn’t, can make a big difference in how quickly and fully you recover from an accident. Having the right combination of coverage offers peace of mind when the unexpected happens.
Steps to Take After a Car Accident in Tennessee
Being involved in a car accident can be overwhelming, but taking the right steps immediately after the crash can protect your health, your legal rights, and your ability to recover compensation. Here’s what you should do if you’re in a crash on Tennessee roads:
1. Call 911 and Seek Medical Help
Even if you think your injuries are minor, it’s important to get checked by medical professionals right away. Some injuries, like internal bleeding or concussions, may not show symptoms immediately. Emergency responders can also file an official report that becomes key evidence in your claim.
2. Exchange Information and Document the Scene
Swap contact and insurance details with the other driver(s), including:
- Full names
- Phone numbers
- License plate numbers
- Driver’s license numbers
- Insurance policy details
Be polite, but avoid discussing fault at the scene.
3. Take Photos and Collect Witness Information
Use your phone to take clear photos of:
- Vehicle damage
- Skid marks or debris
- Road conditions
- Any injuries
- Surrounding traffic signs or signals
Also, ask any nearby witnesses for their contact information. Their statements may be important in resolving disputes about fault.
4. File a Police Report
In Tennessee, you are legally required to report an accident if it results in injury, death, or more than $1,500 in property damage. Police reports are often critical in helping insurance companies and attorneys determine who was at fault.
5. Notify Your Insurance Provider
Let your insurer know about the crash as soon as possible, even if you weren’t at fault. Failing to report an accident promptly could affect your ability to file a claim later. Your provider may also help you start the process of getting your vehicle repaired or arranging medical payment coverage.
Taking these steps can help preserve your claim, avoid delays, and ensure that you’re protecting both your health and financial recovery. If you’re unsure about how to handle insurance communications, it may be wise to consult an attorney before giving a formal statement.
When Your Insurance Might Still Pay
Even when you’re not at fault, your own insurance policy may still have to step in—especially if the other driver is uninsured, underinsured, or there’s a delay in determining liability.
Here are situations where your coverage might kick in:
The Other Driver is Uninsured
Despite legal requirements, not all Tennessee drivers carry insurance. If you’re hit by someone without coverage, your Uninsured Motorist (UM) policy can pay for your medical expenses and vehicle damage.
Fault is Disputed
If both drivers blame each other or the evidence is unclear, it may take time to sort out who pays. In the meantime, you might have to use your own collision coverage to fix your car, then wait for reimbursement if the other party is eventually found at fault.
Your Policy Offers Faster Relief
Certain types of coverage, like Medical Payments (MedPay) or collision insurance, can pay out faster than a liability settlement—especially if you need urgent medical care or vehicle repairs. These policies may also help while you wait for a final determination of fault.
Even in no-fault scenarios, having robust insurance gives you a financial safety net when things are uncertain or delayed. Knowing how and when your coverage applies helps you make faster decisions in a stressful time.
Frequently Asked Questions
Yes, it’s standard procedure. You should report any accident to your insurer, even if the other driver is at fault. This protects your rights and ensures coverage if needed.
Yes, if both drivers suffered damages and share partial fault, each may be eligible to recover compensation according to their level of responsibility.
When neither party takes responsibility, insurance companies—or a court—will determine fault using available evidence such as police reports, witness statements, and crash scene photos.
The statute of limitations for filing a personal injury claim in Tennessee is 1 year from the date of the accident. Missing this deadline may prevent you from recovering compensation.
Why Legal Help Can Make a Difference
Navigating the aftermath of a car accident—especially in a fault-based state like Tennessee—can be confusing and stressful. That’s where contacting us can make a real difference in the outcome of your claim.
An attorney can:
- Help gather and organize evidence to support your version of events. This may include police reports, surveillance footage, medical records, and expert opinions like accident reconstruction.
- Communicate with insurers to protect your legal rights. Insurance companies often try to minimize payouts, and a lawyer can help ensure your statements aren’t misinterpreted or used to assign unfair blame.
- Make sure you aren’t unfairly blamed under Tennessee’s modified comparative fault rule, which can reduce—or eliminate—your ability to recover compensation if you’re found 50% or more at fault.
Having legal guidance can be especially valuable in situations involving multiple drivers, unclear liability, or when injuries are serious and long-term care may be needed.
