A car accident can change your life in a matter of seconds. Whether it’s medical bills, vehicle repair costs, or lost income from time off work, the aftermath can feel overwhelming. For Tennessee drivers and car accident victims, one of the first and most pressing questions tends to be, “Who is responsible for covering my expenses?”
The answer depends on a variety of factors, such as who was at fault, the extent of insurance coverage, and the specific circumstances of the accident. This blog will break it down for you, outlining the key scenarios and providing guidance on how compensation works.
Tennessee Is an At-Fault State
First, it’s essential to understand that Tennessee is an at-fault state, also known as a "tort liability" state. This means that the driver responsible for causing the accident is also financially liable for the damage and injuries resulting from it. Compensation usually comes from their insurance policy.
What Does This Mean for Victims?
If you’re injured or have suffered property damage in a car accident caused by another driver, you have the right to pursue compensation from:
- The at-fault driver’s insurance policy
- Your own insurance policy (if applicable)
- A personal injury lawsuit (if necessary)
The first step is determining fault, which can often be complicated. Law enforcement reports, witness testimonies, and evidence from the scene all play a role in identifying who was responsible for the crash.
Options for Receiving Compensation
When seeking compensation for your injuries and damages, you’ll typically have three main options:
1. File a Claim Against the At-Fault Driver’s Insurance
The at-fault driver’s liability insurance is intended to cover:
- Medical expenses
- Lost wages
- Property damage (i.e., damage to your car)
- Pain and suffering (in many cases)
Tennessee requires drivers to carry minimum liability insurance coverage of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $15,000 for property damage
However, not all accidents fit neatly into these limits. If your medical bills exceed $25,000, for example, you may need to pursue further options to cover the difference.
2. Use Your Own Insurance Policy
If the at-fault driver’s insurance falls short or if they’re uninsured, your own insurance policy may help. Depending on your coverage, you can use:
- Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault driver doesn’t have insurance or has insufficient coverage, this option kicks in to help pay for your expenses.
- Medical Payments Coverage (MedPay): This specific coverage can help with initial medical costs, regardless of who was at fault.
If you’re not sure what’s included in your policy, now is a good time to check. Policies vary widely, and knowing your coverage can make an enormous difference in how quickly you recover financially.
3. Pursue a Personal Injury Lawsuit
If insurance is not enough to cover all your losses, you can file a lawsuit against the at-fault driver. Through this process, you may be able to recover compensation for:
- Medical expenses (including future care)
- Lost income and reduced earning capacity
- Emotional distress
- Pain and suffering
An experienced personal injury attorney can help you understand whether this step is necessary and advise you on how to move forward. It’s important to keep in mind that Tennessee has a statute of limitations for personal injury claims, which means you typically have one year from the date of the accident to file your lawsuit.
What If Both Drivers Share Fault?
Tennessee follows a system known as modified comparative fault. Under this rule, you can still recover compensation even if you were partially at fault for the accident, as long as you are less than 50% responsible.
However, your compensation will be reduced by your share of the fault. For example, if you are deemed 20% at fault for the crash and your damages amount to $100,000, you would only receive $80,000. Understanding this rule is crucial when navigating claims or lawsuits.
Challenges You Might Face
Unfortunately, seeking compensation isn’t always straightforward. Accident victims often encounter challenges such as:
- Delays or denials from insurance companies
- Claims that the accident wasn’t the other driver’s fault
- Insufficient coverage from the at-fault driver’s policy
- Pushback on the value of "pain and suffering" or future medical expenses
This is why having skilled legal representation can make all the difference. A knowledgeable attorney can help you gather evidence, negotiate with insurers, and fight for the full compensation you deserve.
Protect Yourself with These Steps
To ensure the best possible outcome after a car accident, take these critical steps:
- Seek medical attention immediately. Even if your injuries seem minor, it’s essential to get evaluated. Some injuries, like whiplash or internal damage, may not be apparent right away.
- Collect evidence at the scene. Take photos of the vehicles, road conditions, and any visible injuries. Get contact information from witnesses, if possible.
- File a police report. This document will play a significant role in establishing fault and proving your case to insurers or a court.
- Notify your insurance company. Inform your insurer of the accident but avoid speculating about who caused the crash until the investigation is complete.
- Consult an experienced personal injury attorney. They can guide you through the claims process and protect your rights every step of the way.
You're Not Alone—Help Is Available From a Nashville Car Accident Lawyer
If you’ve been injured in a car accident, you don’t have to face the financial and legal challenges alone. Whether it involves filing a claim, negotiating with insurers, or pursuing a lawsuit, there are professionals ready to help you every step of the way.
At Witherington Injury Law, we specialize in helping Tennessee car accident victims secure fair compensation. With over 20 years of experience, you can trust us to handle the legal matters while you focus on recovery.
Contact us today at (615) 697-6503 for a free consultation. Together, we’ll build a plan to get you back on the road—in every sense of the word.