If you are recovering from a Tennessee car accident, dealing with insurance companies that refuse to approve your claim can add to the trauma you already suffered due to the crash. You may become even more frustrated when considering how another driver caused your debilitating injuries that now prevent you from working and taking care of your family.
You do not have to go through this alone. The Law Offices of Ogle, Elrod & Baril, PLLC, can help you seek compensation for your medical bills, property damage, lost wages, pain and suffering, and other damages. Contact us today at 865-546-1111 to schedule a free legal evaluation with a car accident lawyer in Farragut.
How Can I Get Compensation After a Farragut Car Accident?
To get compensation, you can file an insurance claim against the at-fault driver’s insurance company. The driver who caused the crash is at fault, making them liable for paying all damages. If the driver did not own the car at the time of the crash, you can file a claim against the vehicle owner’s insurance company.
What If the At-Fault Driver Did Not Have Car Insurance?
Under Tennessee’s Financial Responsibility Law, all vehicle owners must have a minimum coverage of:
- $25,000 of coverage for one injury or death per crash;
- $50,000 in coverage for all injuries and deaths per crash; and
- $15,000 to cover the property damage in each accident.
If the at-fault driver did not have insurance coverage at the time of the accident, you may file a claim with your own insurance company, provided that your auto policy includes Underinsured Motorist (UIM) or Uninsured Motorist (UM) coverage.
A UM policy covers you when the driver at fault for the accident or the vehicle owner does not have liability insurance. UM also comes in handy in hit-and-run accidents. Typically, hit-and-run drivers do not stick around to exchange insurance information, opting instead to flee the scene before police arrive.
UIM covers you when an at-fault driver or the vehicle owner does not have enough liability coverage to pay for your medical bills and property damage. If your liability insurance is higher than the at-fault driver’s, your insurance will pay your remaining expenses.
Tennessee law requires auto insurers to offer UM and UIM coverage. However, vehicle owners can reject this coverage. If you were in a crash with an uninsured or underinsured driver, our attorneys can review your insurance policy to see if you have coverage. If so, we can help you file your claim.
What Will Compensation From an Insurance Claim Cover?
Compensation from a car accident claim can cover many of your losses. For instance, you can receive compensation for your medical expenses you incurred to treat your physical injuries, as well as your hospitalization and ambulance costs. You may pursue compensation for lost wages or reduced earning capacity if cannot work or you face reduced job prospects in the future.
We can offer advice on the type of losses for which you may seek compensation, including damages to your car and personal property.
How Much Compensation Can I Receive?
Until we speak with you about the circumstances surrounding your accident and the severity of your injuries, we cannot give you a definite value for your settlement. In general, the more severe your injuries are, the more compensation you will receive. For instance, if the car accident left you paralyzed or caused you to suffer a severe brain injury, you would receive more compensation than if you suffered whiplash.
Tennessee Requires Proof of Negligence.
Before you can receive compensation, we must prove that another driver caused your accident and you sustained injuries as a result. At the Law Offices of Ogle, Elrod & Baril, PLLC, we have the skills, knowledge, and resources to meet this requirement.
Tennessee’s negligence law requires us to show that the driver had a duty to drive carefully, but breached that duty by causing an accident through their negligent actions. The driver could have acted negligently by:
- Texting and driving;
- Driving under the influence of drugs or alcohol;
- Driving while drowsy or fatigued;
- Ignoring traffic signals or road signs; or
- Following too closely.
Once we prove the at-fault driver’s negligence, we will show that they caused you to suffer injuries, property damage, and other losses.
How Will a Lawyer Prove My Losses?
We will submit a number of documents to the insurance company as evidence to support your personal injury claim. The documents may include:
- A police report detailing the events of the crash and possibly identifying the at-fault driver;
- Medical records showing the severity of your injuries and the medical treatment you may need in the future;
- Photographs of the accident scene;
- Costs for physical therapy or rehabilitation; and
- Vehicle repair estimates.
We may ask you to supply more documentation depending on the details of your accident.
What If I Contributed to My Car Accident?
If you are partially at fault for your crash, you can still recover partial compensation. Under the state’s comparative fault laws, you can recover damages if you bear less than 50 percent of the blame for the crash. Your damage amount will reflect your percentage of fault.
For example, if a car rear-ended you, but your brake lights were not working at the time of the crash, a judge may decide you share 20 percent of the fault for the accident. In this example, you would only be able to recover 80 percent of your total losses.
Be aware that insurance companies will scrutinize your claim to find a reason to offer a low settlement payout or avoid paying your claim. If you contributed to your crash, contact our attorneys today. We can help you recover the maximum compensation possible under the law.
Contact Us for a Free Legal Evaluation.
When you call the Law Offices of Ogle, Elrod & Baril, PLLC, we will further explain the legal options available to you under Tennessee law. Our firm works on a contingency basis, which means you do not pay for our services unless you recover compensation through an insurance claim or a lawsuit. Call us today at 865-546-1111 to schedule a no-obligation legal consultation.