​​Can you sue if the car accident is your fault?

If you’re partially responsible for a car accident in Tennessee, you may still have the right to sue, but only if you’re less than 50% at fault. Tennessee uses a system called modified comparative negligence, which means your compensation will be reduced based on your share of the blame. So yes, you can sue, but your percentage of fault directly affects whether and how much you can recover.

But this question is more complex than a simple yes or no answer and requires an understanding of Tennessee’s laws regarding fault and liability. Keep reading to learn the basics of these laws, then connect with a Nashville car accident lawyer from Weir & Kestner Injury Lawyers for personalized, accessible representation.

What is modified comparative negligence?

In Tennessee, the determination of fault is based on a system called modified comparative negligence (Tennessee Code Annotated 29-11-103). This rule allows injured drivers to recover compensation if they are less than 50% responsible for the accident.

For example, if you’re found to be 30% at fault, your total recovery would be reduced by 30%. If you’re 50% or more at fault, you’re barred from recovering any damages at all.

When can you still sue even if you were partially at fault?

Even if you share some responsibility for a crash, you might still be eligible to file a claim or lawsuit. Here are some examples where that might apply:

• Multiple parties involved: If multiple drivers contributed to the accident, you might still have a claim against another party if their negligence was also a contributing factor.
• Partial fault: If your fault does not exceed 49%, you can still sue other at-fault parties for their share of the damages, although your percentage of fault will reduce your recovery.
• Disputes over fault determination: Sometimes, fault is initially misassigned, or the complexity of the accident might lead to an inaccurate assessment. In such cases, further investigation might reveal that you were less at fault than initially determined.

These scenarios are common in multi-car accidents or cases involving limited visibility or poor road design.

Can you file an insurance claim if you’re partially at fault?

Yes. Even if you were partly responsible for the accident, you can still file a claim with the other driver’s insurance company, as long as your fault doesn’t exceed 49%.

Insurance adjusters may push back and try to inflate your fault percentage. That’s why it helps to work with a law firm that understands how Tennessee’s negligence laws work and can advocate for a fair assessment.

Can you recover damages?

Absolutely. If you qualify to file a lawsuit, you may be able to recover damages such as medical bills, lost wages, pain and suffering, vehicle damage, long-term rehab, and/or disability-related expenses.

Your share of the fault will reduce the value of your claim. A free case evaluation can help you understand what your case may be worth.

What if you only have personal injury protection (PIP) or MedPay?

Tennessee is a fault state, which means personal injury protection (PIP) is not required like in some no-fault states. However, if you have optional medical payments coverage (MedPay), you may be able to get some of your medical bills paid regardless of fault.

Medical payments coverage (MedPay) helps with medical expenses related to injuries you sustain in the accident. PIP or MedPay typically won’t cover pain and suffering, property damage, or long-term lost income, so it’s often not enough on its own.

Can you sue your own insurance company if you’re at fault?

You usually can’t sue your own insurance for causing the accident, but there are limited situations where legal action may be possible:

• If you have collision coverage, you may be reimbursed for vehicle repairs, even if you caused the crash.
• If your insurance company mishandles your claim, undervalues your loss, or violates policy terms, you may have grounds for a bad faith insurance lawsuit.

Should you admit fault at the scene?

No. Even if you think you caused the accident, avoid admitting fault to police officers, other drivers, or insurance companies. Fault can be more complex than it seems at the moment, and admitting liability can jeopardize your ability to recover compensation later.

Stick to the facts, exchange information, and consult with an attorney before making any official statements.

How Weir & Kestner Injury Lawyers can help

We approach each case with empathy and a deep understanding of the emotional and financial toll an accident can take. If you are at fault in an accident and unsure about your legal options, our team is here to provide clear, compassionate guidance. We can help you:

• Understand your legal rights and options, even if you are partially at fault.
• Evaluate your insurance coverage to determine if provisions may apply to your situation.
• Navigate the claims process with your insurance company to ensure you receive the coverage you’re entitled to.
• Advocate on your behalf if there are disputes over fault or insurance coverage.

Contact Weir & Kestner Injury Lawyers today

If you’re dealing with the aftermath of a car accident and are unsure about your ability to sue or make an insurance claim, don’t hesitate to reach out. Our experienced team at Weir & Kestner is dedicated to ensuring that you understand your rights and can navigate this challenging time with the best possible support.

Give us a call at (615) 220-4180 or contact us online today for a free consultation and speak with a car accident lawyer in Murfreesboro, Nashville, or Smyrna who will take your case seriously.