Tennessee is not a pure no-fault state. Instead, it operates under a modified no-fault system, meaning there are exceptions to the general rule. This can be confusing, so let's break down how car insurance works in Tennessee and what that means for you.
What Does "No-Fault" Mean in Auto Insurance?
In a pure no-fault system, your own insurance company pays for your medical bills and lost wages after a car accident, regardless of who caused the accident. You generally can't sue the other driver unless your injuries meet a specific threshold, such as significant medical expenses or permanent injuries.
How Does Tennessee's Modified No-Fault System Work?
Tennessee's system is different. It's sometimes referred to as a "modified no-fault" or "choice no-fault" system because drivers have a choice. You can choose between two types of coverage:
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Basic Reparations Benefits (BRB): This is the minimum coverage required in Tennessee. It covers your medical bills and lost wages up to a certain limit (currently $11,000) regardless of fault. However, you can still sue the at-fault driver if your injuries exceed the BRB limit, or if you've suffered specific types of injuries, such as permanent disfigurement or death.
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Add-on Coverage: Many drivers choose to supplement their BRB coverage with additional liability insurance. This allows them to recover damages from the at-fault driver's insurance company even for injuries that fall below the BRB threshold. This is particularly important for serious accidents involving substantial medical bills.
Can I Sue the Other Driver in Tennessee After a Car Accident?
The answer depends on the severity of your injuries and the type of coverage you have.
If you have Basic Reparations Benefits (BRB):
- You generally cannot sue the other driver unless your medical bills and lost wages exceed the $11,000 BRB limit.
- You can sue if you've sustained serious injuries, such as permanent disfigurement, serious impairment of body function, or death, regardless of the amount of medical expenses.
If you have additional liability coverage:
- You can pursue a claim against the at-fault driver's insurance company for all your damages, regardless of the $11,000 BRB limit. This is much more advantageous if you suffer substantial injuries or vehicle damage.
What are the Thresholds for Suing in Tennessee After a Car Accident?
The key thresholds that determine whether you can sue the other driver in Tennessee are:
- The $11,000 BRB limit: If your medical bills and lost wages exceed this amount, you can typically sue the at-fault driver.
- Serious injuries: Even if your expenses are below the $11,000 limit, you can still sue if you’ve sustained serious injuries as defined by Tennessee law (permanent disfigurement, serious impairment of body function, or death).
What if I'm Not at Fault? Can I Still Sue?
Even if you're not at fault, you're still subject to Tennessee's modified no-fault rules. You might be able to recover your damages from the at-fault driver's insurance company, but the rules outlined above still apply. Your own insurance may cover you regardless of fault up to the limits of your BRB coverage.
What Type of Car Insurance Should I Have in Tennessee?
This depends on your individual risk tolerance and financial situation. While BRB is the minimum required, many drivers opt for additional liability coverage to protect themselves financially in case of a serious accident. Consulting with an insurance professional is recommended to determine the best coverage for your needs.
This information is for general guidance only and should not be considered legal advice. For specific legal advice regarding your situation, you should consult with a qualified attorney.
