Claims and Risk Management

TORT Liability

If a person has been allegedly damaged by the State, they may be eligible for compensation for their loss or damage

persons signing document

What is TORT Liability and how does it affect me?

TORT is defined as a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction.

In other words, if you have been damaged due to negligence, malpractice, or other similar means by the State, you may be able to file a claim.

Example of TORT Liability

If you receive damage to your automobile because of a pothole on a Tennessee state road or highway—and the State was aware of the issue and did not act in a sufficient amount of time—then, you may be eligible for compensation. You can file a claim through the Tennessee Department of Claims and Risk Management.

auto mechanic changing tire at repair shop

Did you know?

Tennessee is one of the few states with a law that provides a method for persons who have been allegedly damaged by the State to file a claim for documented damage.

Claims for documented damages

State law provides a method for persons who have been allegedly damaged by the State to file a claim for documented damages. If appropriate, the claimant may be compensated for their loss or damage.

Claims are paid through the Risk Management Fund. This fund is supported by premiums paid by each State department, agency and institution based on actuarial analysis.

gavel, scales of justice, law office books

persons signing document

Examples of claims filed against the state

  • Negligent operation of motor vehicles or machinery
  • Negligent care, custody and control of persons or property
  • Professional malpractice
  • Workers’ compensation claims by State employees
  • Dangerous conditions on State-maintained highways and bridges
  • Nuisances created or maintained by the State

File a claim

If you believe you have been damaged by the State, and would like to file a claim, please complete and submit the claim form.

NOTE: It is a misdemeanor to file a false claim with the Division of Claims and Risk Management.

Frequently Asked Questions

Click any of the following questions to view the answer.

By the statute the Tennessee General Assembly gave the State Treasurer authority to handle claims against the state. The Treasurer delegates that authority to the Treasury Division of Claims and Risk Management.

The Division of Claims and Risk Management works to protect the financial integrity of all State-owned assets, maintaining a safe working environment for state employees and the general public. The Division administers and pays claims from four separate funds: Risk Management Fund, Criminal Injuries Compensation Fund, Electronic Monitoring Indigency Fund, and Teachers Excess Liability Fund.

An individual, who believes he or she has incurred property or personal damage due to the negligence of a state employee or state official, can file a claim against the State. To file a claim against the State the individual must give notice in writing. There is a form on the Tennessee Department of Treasury website, that can be used, but is not required to use this form. For property damage as we do ask for two estimates of repair. For claims of personal injuries, we ask for documentation of all medical bills and treatment notes from your physician.

No. It is possible the offender may not be identified or arrested.

By statute, the Division of Claims and Risk Management has 90 days from the receipt of the claim to evaluate and review the claim to determine if there is sufficient proof of negligence.

When a claim is received, a claims examiner will send an acknowledgement letter to the claimant. This letter could include any requests for additional documentation if needed to evaluate the claim.

Any policy changes would be made by the Tennessee General Assembly. The Treasurer’s office follows the guidelines they set by statute.

Claims that exceeds $25,000 are turned over to the State Attorney General’s office.

The Division of Claims and Risk management works with state entities to help them better understand their areas of vulnerabilities and help mitigate exposure to risk.

See "Examples of Claims Filed against the State" section above.

Contact Us

Have questions about TORT liability?  We're here to help!

(615) 741.2734

risk.management@tn.gov

Mailing Address

Division of Claims and Risk Management

502 Deaderick Street
Nashville, TN  37243-0202