Nashville Uninsured/Underinsured Motorist Claims
Tennessee law requires drivers to carry liability insurance to pay for property damage and bodily injuries to innocent persons in the event of an auto accident. However, many people statewide ignore these laws and carry no insurance at all on their vehicles. Statistically, nearly 1 out of every 8 drivers nationwide is uninsured, and in Tennessee, more than 1 out of every 5 motorists on the road is driving without any liability insurance coverage. Even if someone who hits you has insurance, if they only carry the state’s minimum limits, that may not be enough to cover your medical bills if you suffered serious injuries. To speak with a Nashville car accident lawyer regarding your situation, call Nahon, Saharovich & Trotz for a free consultation. We can discuss your legal options with you and advise you as to the steps to take to obtain compensation for your injuries and property damage in an uninsured or underinsured motorist claim.
Seeking Compensation When the Person That Hit You Is Uninsured or Underinsured
Tennessee law requires drivers to carry a minimum amount of liability insurance to compensate accident victims for their injuries and losses following a collision. Specifically, drivers must carry at least $25,000 per person for bodily injury, $50,000 per occurrence for bodily injury, and $25,000 for property damage. Violation of the financial responsibility law can result in fines, loss of vehicle registration, and even criminal penalties in some instances.
Tennessee ranks 6th in the nation for uninsured drivers, so chances are fairly high that the other driver may be uninsured if you are involved in a collision. If this happens and you can prove that the other driver was at fault for the accident, then you typically have a few of options available to you. The first option is to file suit against the at-fault party in civil court to obtain a judgment for any injuries or losses you incur. Many auto accident lawsuits in Nashville are filed in the Circuit Court of Davidson County, Tennessee, which is located at 1 Public Square, Nashville, TN 37201. If you can prove to the court that the other driver’s negligence caused the accident, then the court will likely rule in your favor and award you damages based on your injuries and losses. However, it may be difficult for you to receive any payment toward that judgment if the defendant does not have any money, property, or other assets at his disposal.
Your second option is to pursue an uninsured or underinsured motorist claim through your own insurance if you elected this coverage. Uninsured motorist coverage exists to protect you in the event you are injured in a crash caused by an uninsured driver or a hit and run. Filing an uninsured motorist claim allows you to seek compensation from your insurer up to the limits on your policy. The benefit of this is that you only have to file suit if you are unable to reach a settlement with your insurance carrier, and your uninsured motorist carrier essentially steps into the shoes of the uninsured defendant. It is important to note that your insurance carrier can take a position adverse to yours; thus, you should consult with your own car accident lawyer in Nashville before speaking with any insurance company or giving a recorded interview.
Another potential situation where you may need to pursue your own insurance is in the event the at-fault party is insured, but those insurance limits are insufficient to adequately compensate you for your injuries and losses. Many people face this situation if they suffered catastrophic injuries (broken bones, paralysis, etc.) or incurred high medical bills. In that case, you may be able to seek additional payments by filing an underinsured motorist claim with your own insurance carrier. The amount of additional compensation you will be able to seek will depend on the extent of your coverage and nature of the defendant’s conduct. For instance, a defendant who was cited for drugged driving could face exposure beyond his or her liability insurance limits.
Get a Free Consultation with an Experienced Car Crash Lawyer Today
Seeking recovery after an auto accident can be a lengthy and complex process, and it is further complicated when the at-fault party is uninsured or underinsured. If you have suffered injuries in an accident where the defendant has too little or no insurance at all, call Nahon, Saharovich & Trotz today to discuss your uninsured or underinsured motorist claim with one of our knowledgeable and experienced motor vehicle crash attorneys. We have a skilled team of more than 30 lawyers and 120 support staff members, and we can be reached by calling 800-529-4004 or completing our online form.