Claims and Risk Management

Tort Liability

If a person has alleged damage 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.

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
  • Breach of Contract
  • Dangerous conditions on State-maintained highways and bridges
  • Nuisances created or maintained by the State

Claims for Damage on a State Highway or Bridge

If you receive damage to your automobile as a result of a condition on a Tennessee state road or highway you may be able to file a claim against the State to recover your damages. As the claimant, you will be required to prove:

  1. that the condition was created by the State or allowed to exist due to the State’s negligence in its inspection, maintenance or construction of State-maintained highways or bridges and provide proof that your damages were directly caused by the State’s negligence; OR
  2. the foreseeability of the risk created by the condition and that the proper state officials had notice of the condition with enough time before your injury to have taken appropriate measures in response.You must be able to show that the State was aware of the condition prior to your incident and could have repaired the condition prior to your incident and neglected to do so.

pothole caused by icy weather conditions

auto mechanic changing tire at repair shop

Supporting your Claim

To support your claim, you wll also need to provide:

  • The exact location where the incident occurred
  • Proof of ownership for the damaged vehicle
  • Documentation of your repari costs (ex. Invoices for the repair, repair estimates, etc.)

File a claim

If you believe you have been damaged by the State, and would like to file a claim, you may do so through our online portal.

All of the information must be filled out in one session. You cannot save your information and return to it later. For this reason, please be prepared to provide all relevant details of the incident, including date and location, and have all supporting documentation ready to upload in PDF or Word format before you begin.

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.


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