Uninsured/Underinsured Motorist Accidents in Tennessee

In Tennessee, drivers are required, under the law, to maintain liability insurance, a type of financial protection for other drivers when the covered party causes damage. Yet, there are situations where a person may not have insurance or may not have enough insurance to cover the losses incurred by the victim. This is why having underinsured/uninsured motorist insurance in Tennessee can be critical. If you have questions or have been injured in a crash, call a Nashville uninsured motorist lawyer at Selvidge Injury Law today.

How Uninsured and Underinsured Motorist Coverage Works

As a driver, you may take out an uninsured or underinsured motorist policy through your insurance provider. This is a policy you pay for alongside your existing liability and other insurance products. In situations where you are involved in an accident, and the other driver does not have any or only has a limited amount of insurance coverage, you can then file a claim with your own insurance company to recover damages up to the amount of coverage you purchased.

This is insurance you take out and, when justified, you file a claim against when another person hurts you. It is not a replacement for liability insurance and only applies to specific situations.

The Importance of Underinsured and Uninsured Motorist Coverage

Purchasing underinsured and uninsured motorist coverage is critical in Tennessee. Under Tennessee law, drivers are required to maintain liability insurance, which covers other drivers in accidents they cause. The state’s laws require, at a very minimum:

• $25,000 for each injury or death per accident
• $50,000 for total injuries or deaths per accident
• $25,000 for property damage per accident

That means that these policies are in place to cover losses victims suffer. However, the complexity here is that this is rarely enough. Consider a car accident in which a person suffers head trauma. They are taken to the hospital, put through a battery of tests, need surgery, and have an extended hospital stay. For this, liability insurance only requires the driver to maintain $25,000 worth of coverage, which may not even come close to the financial losses the individual has after such an incident.

In many cases, the state’s required liability insurance is simply too little to provide peace of mind in a serious car accident. By purchasing uninsured and underinsured motorist coverage, it is possible to add another layer of financial protection to that claim, which would help to reduce any financial losses the victim suffers up to the policy limit.

Yes, you can always file a lawsuit against a person directly who caused your accident even if they do not have insurance or not enough of it. They remain at fault for the losses you suffered, and you can pursue them personally, and their personal assets. However, if they lack liability insurance in the first place, it can be hard to believe they have assets to cover the losses you have suffered to a full and fair extent. That means you need to take steps to protect yourself.

What Happens in an Uninsured or Underinsured Motorist Accident in Tennessee

When an accident occurs in Tennessee, all parties are required to stop and exchange information. This process includes providing information about insurance available. The police officer will hopefully document the incident and file a report. When the other party is found at fault, you can then file a claim against their liability insurance. Several things can happen then:

• You recover your damages. You file a claim with their liability insurance and receive payment for the losses you incurred.
• You recover some of your damages. In this situation, they may not have enough liability insurance to meet all of your financial losses. You may then file a claim for underinsured motorist coverage if you purchased a policy in advance.
• You cannot recover any of your damages from the other driver. If the other driver does not have any insurance, you can file a claim with your uninsured motorist coverage to recover the losses you have up to the value of your policy.
• You are hurt in a hit-and-run accident. If you are in a hit-and-run accident and the police cannot find the person who caused this to you, you can file a claim against your uninsured motorist coverage to recover the damages you suffered.

Also note that once you file a claim against your uninsured or underinsured motorist coverage, the insurance company may still seek to find and hold accountable the person responsible. The shift moves to the insurance company instead of you.

You Still Must Prove Your Losses

Also notable in an underinsured and uninsured motorist accident is the requirement to file a comprehensive and accurate claim. The insurance company that holds your policy is like any other – they are a profit-driven organization that will work to minimize what they pay out if there is a way to do so. That means you must:

• Show proof of who caused the accident
• Present proof of your losses
• Document the incident and the outcome
• Prove you did not have fault in the case
• Answer their questions

Because of the complexities in these types of cases, it is almost always necessary to be aggressive about protecting your rights. That means you need to work with an attorney who has ample experience in Tennessee laws related to insurance policies like this. Even though they are your insurance company and you paid them, that does not mean that they are willing to simply cover any losses you state. They will want proof and documentation that they owe you these funds. Often times your own insurance company will fight you and work against you in order to not pay out the fair value of your case.

Seek Out the Guidance of a Nashville Motorist Accident Attorney for Help

After an accident with an underinsured or uninsured motorist, the most important step you can take is to hire a uninsured motorist attorney who can help you determine the best way to recover your losses at a free consultation. Count on Selvidge Injury Law to help you through the process.