You are driving casually, just like any other day, when you find yourself caught in a car wreck. While the aftermath can be chaotic, it’s important to seek medical treatment right away. However, your insurance alone may not be enough to cover your expenses if your injuries are serious.
Fortunately, in Tennessee, you can file a claim against the at-fault driver for their negligence. Understanding the cause of your accident, along with Tennessee’s requirements and deadlines, can help you build a strong case.
Your crucial first steps
After a car wreck, your immediate concern should be to get to safety and have your injuries treated. What may seem like a small cut or bruise could be much worse upon closer inspection, making medical intervention crucial.
While getting treatment, keeping copies of all your medical records and accident documentation is important if you plan to file a claim. Acting promptly is also important, as you only have one year from the date of the accident to initiate a case. The earlier you file, the stronger your case may be, as evidence is fresher and more readily available.
How insurance comes into play
Under Tennessee’s financial responsibility law, you can file a claim against the at-fault driver’s insurance provider. Your own policy can also provide coverage if the other party is underinsured or lacks insurance. To determine fault, insurance companies review:
- Police reports
- Photos and videos of the car wreck
- Statements from eyewitnesses
- Accident reconstructions
- Medical opinions
- All parties’ statements
Proving your claim can be challenging. However, presenting relevant information and documentation may lead to a more favorable outcome.
Navigating comparative negligence
Tennessee follows a modified comparative negligence rule, which can possibly affect the outcome of your claim. Under this ruling, your possible compensation is reduced based on your fault percentage in the car wreck. If you were partially responsible for 50% or less of the incident, you may still get compensation.
However, if you are 51% at fault or higher, you will not be compensated at all. A legal professional can help you better understand how this rule affects your particular situation.
Getting your life back on track
Recovering from a car wreck injury can be difficult. However, you do not have to manage the healing and legal processes by yourself. Understanding the complexities and requirements of a claim allows you to build a case with confidence and clarity.