TENNESSEE AUTO INSURANCE GUIDE
Tennessee Modified Comparative Fault & the 49% Rule
Tennessee follows modified comparative fault under McIntyre v. Balentine. A plaintiff may recover only when the plaintiff’s negligence is less than the fault attributed to the defendant or defendants; damages are then reduced by the plaintiff’s percentage of fault.
- A claimant at 49% fault may recover 51% of otherwise recoverable damages.
- A claimant at 50% or more fault is barred.
- Preserve evidence relevant to causation and allocation among all potentially responsible persons.
- Analyze nonparty fault and settlement effects under current Tennessee comparative-fault law.
Current-law review: September 17, 2026. Tennessee’s modified system requires plaintiff fault to remain below 50%.
VictimsGuide 