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 will also need to provide:

  • The exact location where the incident occurred
  • Proof of ownership for the damaged vehicle
  • Documentation of your repair 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.

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 use the online portal. For property damage, we 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.

By statute, claims received must be reviewed, evaluated, and a determination of sufficient proof of negligence made within 90 days.

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

The limits of liability for general liability, professional malpractice, and automobile liability are $300,000 per person and $1 million per occurrence.

Contact Us

Have questions about an existing claim?

(844) 213-2091

For more information not related to a claim:

(615) 741-2734

Mailing Address

Tennessee Department of Treasury
Division of Claims and Risk Management
2000 Mallory Ln, Ste 130-398
Franklin, TN 37067-8231