Is Tennessee a No-Fault Accident State?
Nov. 3, 2021
Does Tennessee Have No-Fault Insurance For Car Wrecks?
Some states have adopted no-fault auto insurance for dealing with minor car accidents. Tennessee is not one of those states. If you were injured in a wreck, you will have to bring a claim against the other driver — and your own degree of fault may alter your compensation.
The Blount Law Firm, PLLC, provides the skilled and aggressive representation you need to recover as fully as possible for your injuries and losses. Our family-owned firm has been advocating for the injured in the Mid-South for more than 70 years.
No-Fault Vs. Comparative Fault
Under no-fault insurance, victims of car wrecks are compensated under their own insurance policy, no matter who caused the accident. This system is used in Florida and 11 other states. At the other extreme, there are five states that still have contributory negligence – if the victim is even 1% at fault for the wreck they are barred from suing the other party who was 99% at fault!
Tennessee has a comparative fault law, which means you can recover compensation even if you were partly at fault for your accident. Your compensation is reduced accordingly. For example, if you were found to be 20% at fault, you could recover up to 80% of the value of your case. But if you were 40% at fault, you could only be compensated for 60% of your damages.
To be specific, Tennessee is a modified comparative fault state. There is a limit. If you were more than 50% at fault, you cannot recover any compensation. As you can see, that percentage of comparative fault becomes a “magic number” in a personal injury lawsuit. It can add or subtract thousands of dollars in damages (or leave you with nothing). Our attorneys are skilled at investigating – from car wrecks and truck wrecks to motorcycle crashes and pedestrian accidents – to prove that the other driver was solely or mostly to blame.
You Still Have Rights If You Were Partly At Fault
Tennessee is a fault-based state. We need to prove the negligence of the other driver and counter the argument that you contributed to the crash. Our accomplished attorneys have successfully litigated these issues in many cases over years. The bottom line is that you are still entitled to compensation even if you were partly to blame for a car wreck. The legal team at Blount Law Firm, PLLC, is committed to maximizing your recovery.
Get Started With A Free Consultation
We offer a free initial consultation to discuss your case and how we can help. We work on a contingency fee basis, which means you pay legal fees only if we recover compensation on your behalf. Call our law office in Collierville or contact us online.