The only thing worse than getting into a car accident is getting into a car accident without insurance. Car insurance is necessary but like any other insurance, it can seem unnecessary until you finally need it. If you get into a car accident in Tennessee, then you should know a little more about the Tennessee at-fault law.
Let us explain.
What Does The At-Fault Law Mean?
Tennessee is an at-fault state. Just like it sounds, the Tennessee at-fault law states that the driver who is found at-fault for the auto accident will be legally and financially responsible for damages and injuries that resulted from the accident.
The insurance company will pay for damages and injuries up to the limit of the at-fault driver’s policy. After that, the responsible driver is legally obligated to pay the rest.
How Does the Tennessee At-Fault Law Change Filing?
If you are not found at-fault for a car accident in Tennessee you must follow these 3 steps.
- First, call your insurance company
- Then call the at-fault driver’s insurance company
- Finally you should file a lawsuit against the at-fault driver for damages.
Also, keep in mind that the statute of limitations in Tennessee is 1 year, which means you have to file a lawsuit against the at-fault driver within a year. Additionally, you must file a report within 20 days following the accident.
Speak with a Nashville car accident lawyer about your options before deciding how to move forward.
Minimum Coverage Amounts
All drivers in Tennessee are required to have liability insurance to cover for damages and injuries that they cause. This is a cushion for drivers who would be taken to task with the Tennessee at-fault law.
The Department of Motor Vehicles (DMV) states that all Tennessee drivers must have the following coverage amounts.
Minimum liability coverage amounts in Tennessee:
- $25,000 for injury to one person in one accident
- $50,000 for two or more people injured in one accident
- $15,000 for property damage in one accident
Individuals also have the option to add more protection like comprehensive, collision, or uninsured motorist coverage.
Proving fault in a car accident can be challenging, which is why it’s important to work with an attorney to help you every step of the way. After an accident, you will need to prove that you are 49% or less at fault for the accident to get compensation.
In this case, you will need to prove the severity of your injuries in relation to the crash, get statements from witnesses, and submit photos and other evidence.
You can also prove a driver was distracted. You should never admit that you are at-fault in a car accident, and instead, tell your side of the story.
The at-fault law in Tennessee operates on the principle of “comparative negligence” where both drivers will share the blame depending on how much their actions contributed to the accident.
If the court proves that both drivers are equally at fault, neither would be able to win any compensation.
Not All State’s Are At-Fault
Not all states follow the at-fault law like Tennessee.
As a counter-example, residents who get into a car accident in Florida are cushioned by the no-fault law which protects drivers from being held legally responsible for the damages. Florida also provides a PIP coverage (personal injury protection) of up to $10,000 for injuries that the insurance company will pay to their insured parties who were involved in the accident. As a side note, Tennessee drivers who have a car accident out of state may be held to the at-fault law even though the accident occurred in a no-fault state.
Compensation for Car Accidents in Tennessee
You will receive compensation depending on the injuries you suffered and the property damage incurred because of the accident.
Compensation will be calculated according to medical bills, property loss, pain and suffering, lost wages, and emotional distress. But if you are to make that possible, you need to work with an experienced attorney to help make your work easier and ensure that you get the win that you deserve.
You can also calculate how much you get for pain and suffering after a car accident.
Speak to a Nashville Car Accident Attorney for Free
You don’t have to go at this alone. We can help you navigate this difficult process and get you the compensation you deserve. Speak with a Nashville car accident lawyer about your options before deciding how to move forward. We offer free consultations: (800) 560-5059.