Tennessee’s underinsured and uninsured car accident claims

On Behalf of | Jun 27, 2022 | blog, Personal Injury |

Insurance exists to protect or cover you during accidents. Thus, you expect the insurance company of someone who has hit you to cover your medical bills and property damage. But there are circumstances where that person could be underinsured or completely not covered. If that’s the case, you have options.

Accident laws in Tennessee

All motorists in Tennessee must have insurance, according to the law. This could be any amount, but the minimum required liability coverage amounts are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $15,000 for property damage per accident. On top of that, Tennessee is considered a fault state for motor vehicle accidents, which means that after a collision, the insurance company of the driver who caused it should pay for the victim’s damages.

The state also imposes modified comparative negligence laws. So, if you are partially at fault for an accident, the amount that you receive in damages will be reduced by your percentage of fault. For example, if you’re 30% at fault and the other driver is 70%, you’ll only receive 70% of the total compensation.

What to do when hit by an uninsured or underinsured driver

If you get into an accident with an uninsured driver, your own insurance company should cover your damages up to your policy limit. However, if your damages exceed that limit, the at-fault party should compensate you. If they are underinsured, you can negotiate with their insurance company to see how much they can come up with.

You can also file a personal injury lawsuit against the at-fault party, especially if they are uninsured. You would have to prove that they were negligent in causing the accident and that their negligence led to your injuries and damages. If successful, you could receive compensation for your medical bills, lost wages, property damage, pain and suffering, and more.

It’s against the law to drive without insurance or enough insurance in Tennessee, so the law is already on your side if such a person hits you. It may be best to discuss the situation with an expert who can provide you with information about your options.

Costner & Greene Attorneys at Law

315 High Street
Maryville, TN 37804




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