Tennessee is known as the “Crossroads of America,” and during the holidays, our roads prove it. According to the Tennessee Department of Tourist Development, our state is within a day’s drive of nearly 50% of the U.S. population.
This geographic reality creates a perfect storm during the holidays. Our interstates—I-40, I-24, I-65, and I-75—become choked with a mix of local commuters, weary cross-country travelers, and visitors navigating unfamiliar rental cars.
When a crash happens in this chaotic mix, the legal questions get complicated fast. Whose laws apply? Which insurance pays first? What if the at-fault driver lives in Ohio or Florida?
Here is how to untangle the mess of out-of-state and rental car crashes in Tennessee.
The “Jurisdiction” Trap: Which State’s Law Applies?
One of the most common questions we get after a holiday wreck is: “I’m from another state (or the other driver is). Do I need a lawyer from my home state or Tennessee?”
The Rule of Thumb: Generally, the law of the state where the crash occurred applies.
Even if you live in Kentucky and the other driver is from Georgia, if you crash in Nashville, Tennessee law typically dictates:
- Fault Rules: Tennessee uses “Modified Comparative Fault,” meaning if you are 50% or more at fault, you recover nothing. Other states have different rules.
- Statute of Limitations: You generally have one year from the date of the crash to file a lawsuit in Tennessee. This is much shorter than many other states (which often allow 2–3 years), catching many out-of-state victims off guard.
- Police Reports: The Tennessee Highway Patrol (THP) or local police will handle the investigation.
Takeaway: If the wreck happened in Tennessee, you usually need a Tennessee-based legal team to navigate the local court system and laws.
The Rental Car Headache
With thousands of visitors flying into BNA and other regional airports, rental cars are everywhere during the holidays. If you are hit by a rental car (or are driving one), the insurance situation is unique.
1. The “Graves Amendment” (Why You Can’t Sue Hertz or Enterprise)
Many people assume that if a rental car hits them, they can sue the massive rental car company. You generally cannot. Under a federal law known as the Graves Amendment (49 U.S.C. § 30106), rental car companies are rarely liable for the negligence of their renters. You must pursue the driver individually, not the rental agency.
2. Layers of Insurance Coverage
Finding the money to pay for your injuries in a rental crash often involves digging through layers of coverage:
- The Driver’s Personal Policy: This is usually the primary coverage.
- Supplemental Liability Protection (SLP): If the renter purchased extra insurance at the counter (often $1 million in coverage), this can be a lifesaver for serious injury claims.
- Credit Card Coverage: This usually only covers damage to the rental car (collision), not medical bills or liability.
What If the At-Fault Driver Lives Out of State?
It is very common for holiday crashes to involve a defendant who lives hundreds of miles away.
- Serving the Lawsuit: We have to legally “serve” the driver with the lawsuit in their home state, even though the case is heard in Tennessee.
- Minimum Limits: Different states have different minimum insurance requirements. For example, Florida’s requirements are very different from Tennessee’s. If an out-of-state driver hits you with bare-minimum coverage, it may not be enough to cover your ER bills.
This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes critical. It can bridge the gap between the other driver’s low limits and the actual cost of your recovery.
5 Steps to Protect Your Claim (For Locals and Visitors)
Whether you are a Tennessean hit by a tourist, or a visitor hurt while passing through, follow these steps:
- Call 911: Do not exchange info and leave. You need an official Tennessee Accident Report to prove jurisdiction and fault.
- Photo of the Rental Agreement: If the other driver is in a rental, take a picture of their rental contract paperwork. It contains vital info about supplemental insurance that won’t be on their personal insurance card.
- Don’t “Wait Until You Get Home” for a Doctor: If you are visiting, go to a Tennessee ER or Urgent Care immediately. Traveling home with untreated injuries can worsen your condition and allows insurance adjusters to argue you weren’t really hurt at the scene.
- Watch the Calendar: Remember, Tennessee has a strict one-year deadline to file suit. If you go back to a state with a 3-year deadline and wait too long, your case in Tennessee is gone forever.
- Hire Local Counsel: You need a firm that knows Tennessee judges, Tennessee jury pools, and Tennessee laws.
We Help Visitors and Locals Alike
If your holiday celebration was interrupted by a crash on Tennessee roads, you are dealing with enough stress already. You shouldn’t have to become an expert on interstate insurance law, too.
Whether you live in Nashville or were just passing through I-40 on your way home, Stillman & Friedland can handle the legal heavy lifting here on the ground.
Call 615-244-2111 or reach out through our online contact form. We represent clients from all over the country who were injured in Tennessee.
Because we care,
Stillman & Friedland
