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- Tennessee is an at-fault insurance state, so you can file a claim against the at-fault driver’s liability coverage.
- Your own coverage may apply in cases where the accident is with an uninsured driver.
- You cannot collect compensation from another party if you are 50 percent or more responsible for the crash.
- Your compensation is reduced based on your percentage of fault.
- Partnering with an experienced car accident attorney can increase your chances of receiving a fair settlement.
Knowing your state’s insurance laws is essential for understanding whose insurance you turn to after a car accident, how much you can collect in damages, and whether you can also file a personal injury or wrongful death lawsuit.
For states that use an at-fault insurance system, like Tennessee, car accident victims can seek compensation from the at-fault driver’s insurance company.
What Does It Mean That Tennessee Is an At-Fault State?
In at-fault insurance states like Tennessee, the insurance policy of the driver who is at fault in an accident is responsible for paying for damages resulting from the crash. As a result, individuals involved in accidents typically file claims against the at-fault driver’s insurance or the insurance of other parties involved or further pursue compensation through a lawsuit.
Unlike at-fault states, accident victims in no-fault insurance states must first turn to their own insurance policies to cover their medical expenses and other costs, regardless of who was responsible for the crash.
How Fault Affects Car Accident Claims in Tennessee
In an at-fault state like Tennessee, you have several options for seeking compensation after a car accident. You can file a claim with the at-fault driver’s insurance, turn to your own insurance if the other driver is uninsured or underinsured, or file a lawsuit if your damages exceed available coverage. If multiple parties are responsible for the crash, your car accident lawyer may recommend filing a lawsuit to ensure you receive full compensation.
Insurance companies look at various factors when determining fault in a car accident, including:
- Evidence such as police reports, photos, and videos
- Eyewitness statements
- Expert input, such as accident reconstructions or medical opinions
- Your statements
Comparative Negligence in Tennessee
Tennessee follows a modified comparative negligence rule, which impacts personal injury claims in two key ways:
- You cannot collect compensation if you are more than 49 percent liable for your accident.
- Your percentage of liability up to 49 percent reduces your compensation proportionately. For example, if you are 20 percent responsible and have $100,000 in damages, you can only collect 80 percent, or $80,000.
Key Implications of the At-Fault System
Determining fault in a Tennessee car accident is critical because the at-fault insurance system often leads to disputes over responsibility. In addition to filing a claim with the at-fault driver’s insurance company, you may have to rely on your insurance protection if the at-fault driver is uninsured or underinsured.
In at-fault insurance states, gathering evidence is essential to preparing your claim. To maximize your compensation in a car accident case, you and your Tennesseee car accident lawyer must establish the other party’s fault while minimizing your own. For that reason, evidence collection is a crucial part of your case.
Can You Sue the At-Fault Driver in Tennessee?
If you have serious injuries with medical expenses and other costs that exceed the at-fault driver’s policy limits, your car accident attorney may recommend filing a lawsuit against the at-fault driver or any other party responsible for the crash.
In addition to your economic damages for financial losses, you can also sue for non-economic damages such as pain and suffering. Tennessee caps non-economic damages at $750,000 in most cases.
If an injury or loss is considered catastrophic, the cap on non-economic damages increases from $750,000 to $1,000,000. Based on Tennesee laws, catastrophic losses or injuries include:
- Spinal cord injury resulting in paraplegia or quadriplegia
- Amputation of both hands, both feet or one of each
- Third-degree burns covering 40% or more of the body or face,
While non-economic damages are generally capped, Tennessee law removes the cap in situations where the defendant was under the influence of alcohol or drugs when they caused the crash. At NST Law, our skilled accident attorneys assist with navigating the legal claims process, gathering evidence, and determining fault.
Although our team of car accident lawyers are skilled negotiators who can often secure fair compensation without entering a courtroom, we are also passionate about leveling the playing field for our clients and are not afraid to go to trial when insurance companies refuse to settle fairly.
Tennessee’s Minimum Insurance Requirements
Tennessee drivers must meet minimum insurance requirements or post a financial responsibility bond with the Department of Revenue. The required minimum coverage includes:
- $25,000 for each injury or death
- $50,000 for total injuries or deaths per accident
- $25,000 property damage
If you lease your car, the lender may require additional coverage, such as comprehensive or collision.
Tennessee auto insurance policies are required to include uninsured/underinsured motorist (UM/UIM) coverage, but drivers can opt out in writing. However, without UM/UIM coverage, you can face significant out-of-pocket costs if the at-fault driver is uninsured or underinsured.
In Tennesee, drivers without the proper insurance or an approved exemption can face escalating punishments, including fines, vehicle registration suspension, a misdemeanor conviction, and driver’s license suspension.
Do You Need a Lawyer for an At-Fault Accident Claim?
An experienced car accident attorney can prove fault and pursue fair compensation on your behalf via an insurance settlement or legal action. Our personal injury attorneys at NST Law can help Tennessee accident victims by taking specific steps to strengthen their claims, including:
- Gathering evidence such as police reports, medical records, and cell phone data
- Calling on our trusted network of local experts, such as accident reconstructionists and medical professionals
- Calculating your full damages so you don’t leave compensation on the table
- Prepare your case for trial so insurance companies know we are ready to fight
Our car accident case results include more than $2 billion recovered for our deserving clients. Our accomplished car accident attorneys can handle even the most complex claims and know how to deal with insurance companies that don’t want to pay.
Our client was involved in a car wreck where she sustained connective tissue injuries to her back and neck. The insurance company denied that our client was injured and alleged that she was faking and exaggerating her injuries. The NST team of lawyers hired experts to demonstrate to the jury that our client was injured in the accident and lost income due to her injuries. Before the trial, the insurance company made an offer that client and NST agreed was unreasonable and NST took the case to trial. A Shelby County jury found that our client was injured in the accident and included money damages in its verdict for the sum of $230,000.00. The jury verdict was more than nine times the amount of the previous offer by the insurance company.
Contact Our Car Accident Attorneys
Insurance companies, even your own, do not always have your best interests at heart. After a car accident, you may face allegations that you caused the crash, that your injuries aren’t serious, or that you deserve less than full compensation for your damages.
If you or a loved one has been hurt in an accident, contact The Champions for the Injured at NST Law today for a free consultation. Call 800-529-4004 or complete our online contact form.
We have office locations across Tennessee, including:
