Tennessee Car Accident Claims
Car accidents can be devastating, leading to expensive medical bills and lost wages due to time away from work. According to Tennessee laws, you can recover damages you sustained in the car crash.
- How Much Is Your Car Accident Settlement Worth?
Find out the maximum compensation you could receive.
- How Much Is My Car Accident Settlement Worth?
If you’re injured in a Tennessee car accident, you may not know what to do and where to turn. That’s why knowing the rules and regulations regarding Tennessee auto accident laws is so important – so after a car accident in the Volunteer State, you will know what to do. You will know how to interact with the insurance companies and law enforcement in a way that will help ensure you get a faair Tennessee car accident settlement.
This article will explore all these laws and more to help guide your pursuit of fair compensation after an automobile collision in Tennessee.
How to Calculate the Value of a Car Accident Settlement in Tennessee
If you were injured in a car accident in the Volunteer state, you may wonder how much your Tennessee car accident settlement could be worth. The value of a car accident settlement can vary depending on some factors, including the severity of your injuries, the amount of your medical expenses, and the impact of the accident on your quality of life.
Factors Affecting the Value of a Car Accident Settlement
The following are some of the factors that can affect the value of a car accident settlement in Tennessee:
- The severity of your injuries: The more serious your injuries, the higher the value of your Tennessee car accident settlement is likely to be. This is because serious injuries can lead to significant medical expenses, lost wages, and pain and suffering.
- The amount of your medical expenses: The cost of your medical expenses is another important factor that can affect the value of your settlement. This includes the cost of your hospital bills, doctor’s visits, medications, and rehabilitation.
- The impact of the accident on your quality of life: The impact of the accident on your quality of life is also a factor that can affect the value of your settlement. This includes any changes in your ability to work, your ability to enjoy your hobbies, and your overall well-being.
- The fault of the other driver: The other driver’s fault is also a factor that can affect the value of your settlement. If the other driver was found to be at fault for the accident, you are more likely to receive a higher car accident settlement.
How to Calculate the Value of Your Car Accident Settlement
- Gather all of your medical bills and other expenses. This includes the cost of your hospital bills, doctor’s visits, medications, and rehabilitation.
- Calculate the amount of lost wages. This includes the amount of money you lost from being unable to work due to the accident.
- Consider the impact of the accident on your quality of life. This includes any changes in your ability to work, your ability to enjoy your hobbies, and your overall well-being.
- Determine the fault of the other driver. If the other driver was found at fault for the accident, you are more likely to receive a higher auto accident settlement.
Once you have gathered all of this information, you can use it to estimate your settlement value. You can input this information in this free car accident settlement calculator to estimate your settlement amount.
Tennessee Auto Insurance Laws And Regulations
Tennessee says you have to have a minimum amount of auto insurance. If you do not have insurance, you can face fines and even serve jail time. The minimum requirements for this Tennessee are:
- Per person per accident for bodily injury: $25,000
- For bodily injury per accident: $50,000
- Property damage liability: $20,000
- Uninsured motorist property damage: $15,000
You are not required to have uninsured and underinsured insurance. But have this protection if an uninsured driver ever hits you. Uninsured drivers find themselves in about 25% of accidents in Tennessee. Therefore, you’re wise to have this type of insurance. Otherwise, you may have to pay for your damages out of your pocket.
Also, note that many serious car accidents incur more than $15,000 in expenses. If you have to have surgery or stay in the hospital, you could need much more money to pay for your injuries. So, having more insurance coverage than the Tennessee state minimum is wise.
Is Tennessee A No-Fault State For Car Accidents?
No, Tennessee isn’t a no-fault state. This is a fault-based state, which means you are responsible for the accidents you cause. Usually, this means that your insurance company must pay for injuries and property damage that you caused in an accident.
In a no-fault state, who’s liable for the car accident doesn’t matter in most cases. So, in these states, each driver in the incident pays for their own vehicles and injuries through their insurance policies.
But if your injuries in a no-fault state are higher than the coverage amount, you can still sue the other driver for the rest of the money.
Also, note that Tennessee has a comparative negligence standard. This means your potential settlement in a car accident will reduce by your percentage of fault. For example, if you have $10,000 in damages and you were 30% at fault, your settlement would reduce to $7,000.
A comparative negligence standard is why you need an excellent car accident attorney in your corner. The other driver’s insurance company will try to blame you for the accident if they can. Your car accident settlement’s size depends on finding the other driver to be responsible for the accident. If you are looking for further details, please visit Tennessee’s Department of Transportation website here.
Proving Accident Liability In Tennessee
Car accident claims in Tennessee boil down to who was at fault. For the other driver to be liable in court, you must show that their negligence during the accident caused your injuries and damages. There are four aspects to a Tennessee car accident settlement:
- The liable party owed you a duty of care to drive safely.
- They failed to follow this duty of care in the accident.
- The breach of duty caused the accident.
- You have damages from the accident and the breach of duty.
What Is The Statute Of Limitations In Tennessee For A Car Accident?
Tennessee has no time limit for how long you have to file a car accident insurance claim. However, you have only one year from the accident date to file a lawsuit.
This is not much time to take legal action, so it’s vital that you talk to an attorney as soon as you can after the accident. This is especially true if the insurance company doesn’t offer you a good Tennessee car accident settlement.
You also have only one year to file a wrongful death lawsuit in Tennessee, and the clock starts from the date of death. Remember to start these cases early, so your attorney has enough time.
What Can You Claim In a Tennessee Car Accident Settlement?
You usually are eligible for these types of damages in a personal injury lawsuit in Tennessee:
- Medical bills
- Lost earnings
- Out of pocket costs
- Pain and suffering
- Property damage
If a Tennessee or federal government employee caused the auto accident, you have one year from the accident date to file your claim. If the accident occurred while the driver was working, the government could be liable for your injuries.
If the driver was driving alone, you can only hold them personally responsible for your damages and injuries.
Do You Have To Call The Police After A Minor Car Accident In Tennessee?
Tennessee state law states that you do not have to call the police for a minor accident with little damage. But you must report a car accident that caused death, property damage, or personal injury above $400.
If the police show up at the crash scene, they’ll take a police report. This fulfills your reporting requirement for a more serious accident. If the police don’t show up, it’s still smart to go to the nearest police station. You should file a report for any auto accident, even the minor ones. This is so you have it on record if you need the documentation for a claim or lawsuit later.
Tennessee Dram Shop Law
Tennessee has a Dram Shop Law. This means you can file a lawsuit against a person or entity that serves alcoholic beverages to obviously intoxicated people who then got in a car accident.
However, for the Dram Shop Law to apply, the jury must find beyond a reasonable doubt that the alcohol sale was a major cause of the person’s injuries. This is a higher standard than in many states, where proof of liability is only by a preponderance of the evidence.
Resources For Car Accident Victims in Tennesee
Here are some resources to help you navigate the aftermath of a car accident in Tennessee:
- Tennessee Bar Association: The Tennessee Bar Association provides a list of lawyers specializing in personal injury law. You can search for lawyers by location or area of practice.
- Help4TN: Help4TN is a website that provides information and resources for victims of crime and accidents. They have a section on car accidents that includes information on what to do after an accident, how to file a claim, and how to find legal help.
- Tennessee Department of Safety and Homeland Security: The Tennessee Department of Safety and Homeland Security provides a number of resources for car accident victims, including information on how to file a police report, how to obtain a copy of your accident report, and how to find legal help.
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