Were you in a Tennessee accident? If so, you may be entitled to compensation.
Here's what you need to know about your rights after a car accident in Tennessee and how to obtain compensation.
Tennessee's Fault System and Compensation Eligibility
Under Tennessee's fault system, the driver who caused the accident is liable for the damages. The at-fault driver's insurance company will cover these costs within the limit of the coverage the driver purchased. You can file a personal injury lawsuit if this coverage isn't enough or the driver doesn't have insurance.
Tennessee also has a modified comparative negligence rule. This rule makes you ineligible for compensation if your share of the liability exceeds 50%. Your share of the responsibility will also reduce the damages for which you qualify.
Tennessee's insurance requirements are only $25,000 per injury, $25,000 in property damage, and $50,000 per accident, so coverage can run out. Your own insurance provider might reimburse the difference.
What Kind of Compensation Are You Eligible for After a Tennessee Accident?
Tennessee's at-fault system makes you eligible to recover damages after an accident. Damages can include medical bills, car repairs, lost wages, and more. In most cases, the insurance company of the driver responsible for the crash will cover documented economic damage.
You can recover noneconomic damages under a personal injury lawsuit in some situations. These damages can include pain and suffering if the accident affected your quality of life. For instance, you can file a lawsuit if the accident left you unable to work or caused chronic pain.
There is a $750,000 cap on these damages unless the accident involved an impaired driver. If a driver was impaired, engaged in reckless driving, or left the scene of the accident, the crash will become a criminal case. You may qualify for more damages, and the responsible driver will face steeper consequences.
If a Tennessee accident resulted in death, you can recover damages under a wrongful death lawsuit. As a loved one, you can get compensation for burial expenses, medical bills, lost wages for the deceased, and more. This special type of personal injury lawsuit also includes damages for pain and suffering.
You can usually file a personal injury lawsuit against the driver who is liable for the accident. However, there are situations where you can sue other entities. For instance, with Tennessee being one of the states with the most deaths caused by poor road design, your municipality could be liable.
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Navigating the Legal Process After an Accident
There is a one-year statute of limitations for personal injury claims in Tennessee. The clock starts ticking as soon as the accident occurs, so you should file your insurance claim as quickly as possible.
Here are the steps to follow:
- Ask everyone involved in the crash for their contact and insurance information.
- Get a copy of the crash report. Gather your evidence of the accident, including pictures, medical records, and repair bills.
- Call your insurance company to report the accident. Your insurer might cover your bills immediately and recover damages from the other insurance company later. You might also qualify for more coverage if you have an extended policy.
- Next, you should contact the insurance company of the driver who caused the crash and file a claim.
- Don't discuss your role in the accident. Admitting that you played a part in the crash can result in a denied claim.
- An insurance adjuster will review your claim and make a settlement offer.
Keep in mind that you don't have to accept this offer. If the insurance company reduces or denies your claim, a lawyer can help you appeal this decision.
Having a legal representative by your side can make this entire process much more manageable. An experienced lawyer can prepare a strong claim by gathering evidence and proving liability. They can use pictures of the accident scene, police reports, testimonies from witnesses, and more.
If the insurer isn't offering a fair settlement or the cost of your medical bills exceeds the insurance limit, you could file a personal injury lawsuit. Working with a lawyer who handles personal injury cases is crucial for navigating this process.
Working With A Tennessee Car Accident Lawyer
Tennessee is an at-fault state, which means the driver who caused the crash is responsible for the damages. If you sustained an injury in a Tennessee car crash, a personal injury lawyer can help you navigate the process of filing an insurance claim and ensuring you receive the fair compensation you may be entitled to.
Accident.com helps in connecting plaintiffs with experienced lawyers. Take a few minutes to fill out our online form and tell us more about your accident. We will match you with an attorney for a free case review.