Tennessee car accident statute of limitations: one year, sometimes two
The Tennessee car accident statute of limitations is only one year. Call free today to check yours.
Tennessee gives you just one year from the crash to sue for your injuries, one of the shortest deadlines in the nation. That can grow to two years if the driver who hit you faces criminal charges, even a traffic ticket, under Younger v. Okbahhanes. Car damage claims get three years.
The deadlines in Tennessee
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | One year; two if the at-fault driver is criminally charged | Tenn. Code 28-3-104(a) |
| Car or property damage lawsuit | Three years | Tenn. Code 28-3-105(1) |
| Shared fault | Barred at 50 percent or more | McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | Tennessee Department of Revenue |
| Lawsuit against a city or county | 12 months | Tenn. Code 29-20-305(b) |
How the Tennessee year can become two
The injury deadline doubles when three things line up. The driver must face criminal charges. Police, a district attorney or a grand jury must start that case within one year. And you must sue the person who was charged.
In one appeal, a ticket for failing to use due care was enough to give the injured driver two years, under Younger v. Okbahhanes. Still, treat one year as your real deadline until a lawyer confirms the charge counts.
Tennessee claims against a city, county or child
A crash with a city or county vehicle falls under the Governmental Tort Liability Act. That suit must be filed within 12 months and the usual saving rules for refiled cases do not help, under Lynn v. City of Jackson.
A child hurt in a crash gets the normal time after turning 18, under section 28-1-106. A death claim is different. The same court held that the deceased person’s children being minors does not pause the family’s one year.
Fault and insurance in Tennessee
Tennessee bars you if you are half or more to blame. Below that, your award shrinks by your share, under McIntyre v. Balentine. This is an at-fault state. Drivers must carry at least $25,000 per person, $50,000 per crash and $25,000 for property, says the Department of Revenue.
When to call a Tennessee car accident lawyer
Call in the first few months, not month eleven. One year leaves little time to finish treatment, gather bills and send a demand. An attorney can file before the deadline while talks go on. The call is free, with no fee unless you win.
Other states: Kentucky, Georgia, Alabama, Mississippi, North Carolina or every state on one page.
Tennessee car accident statute of limitations questions
How long do I have to file a car accident lawsuit in Tennessee?
One year from the crash for injuries or two years in some criminal charge cases. Car damage has three years.
Does a traffic ticket give me more time in Tennessee?
It can. A court held that a due care citation counted as a criminal charge, which stretched the deadline to two years.
Can I recover if I was partly at fault in Tennessee?
Yes, if you were under 50 percent at fault. Your share comes off the award.
How long does a family have for a wrongful death claim in Tennessee?
Usually one year and children in the family do not pause it, under Lynn v. City of Jackson.
Before the clock runs out
Tennessee adjusters know a one-year deadline can run out while you wait on their offer. Call before you sign anything and a lawyer will check your date and your offer free.
Call about my deadline(833) 716-6705
We pick up 24/7, go over your crash free and connect a car accident lawyer with no fee unless you win.