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Should I Use My Own Insurance after a Car Wreck in Tennessee?

Joshua S. Reed March 31, 2020

When you are involved or hurt in a car wreck, you have lots of questions running through your mind, such as "Who will be responsible for medical bills and damages?" and "Do I have to use my own insurance to pay my medical bills?" These are complex questions that don't often have simple answers. "Why should my insurance have to cover anything if it was the other driver's fault?" "Will my own insurance company fight against me if I am using my uninsured/underinsured motorist coverage?"

The period after your car wreck can be extremely confusing to sort through. The Law Office of Joshua S. Reed has answers to your questions about which insurance company is responsible for paying for medical costs and damages. We proudly serve clients throughout East Tennessee from our convienent location in Farragut, near I-40/I-75.

Car Accidents in Tennessee

Tennessee is an “at-fault” state. Under Tennessee laws, the driver found at fault for the car wreck will be held legally responsible for all the injuries, damages, and suffering caused. Hence, the insurance company will pay up to the policy limits of the driver at fault. As a result, it is compulsory for every driver in the state to have auto liability insurance.

Auto Liability Insurance Requirements in Tennessee

Traffic accidents are common in Tennessee. Between 2008 and 2012, Tennessee experienced an annual average of over 163,910 reported traffic crashes. In 2012, there were about 7,574 serious injuries and 1,014 fatalities in the state. Auto liability insurance helps provide protection for all parties involved in a car wreck.

According to the Department of Motor Vehicles (DMV), drivers in Tennessee are required to have the following minimum limits for their auto liability insurance coverage:

  • $15,000 for property damage for each accident

  • $25,000 for each injury or death to an individual

  • $50,000 for total injuries or deaths to all individuals

Tennessee residents have the option to include additional protection in their insurance policy, including collision coverage, comprehensive, and uninsured motorist insurance.

How Is Fault Determined After A Car Accident?

Determining fault after a car accident in Tennessee is based on various pieces of evidence available at the time of determination. These include:

  • Statements of witnesses

  • Photos

  • A police report

  • Admissions of guilt

  • Evidence that one driver violated traffic laws

  • Evidence of careless driving, such as eating or texting while driving

  • The severity of injuries sustained during the auto accident

Presenting any of these pieces of evidence can help prove who was responsible for the car wreck.

Unlike other states, Tennessee abides by the “modified comparative negligence system.” The system is based on percentages. Thus, the state of Tennessee makes use of the “50 percent rule.” These percentages will influence the amount of compensation to which you may be entitled. However, you will not be compensated if they find out that you are 50% or more responsible for the collision. You will only receive compensation if it can be proven that you are 49% or less responsible for the auto accident.

If the other driver is determined to be at fault for your accident, then you should not have to use your insurance to pay for any damages.

Will I Receive Compensation From the Insurance Company If I File a Claim?

Compensation is the amount awarded to a personal injury victim after suffering injuries and property damage from an auto accident caused by the recklessness of another party. Compensation will cover medical costs, lost wages, property loss, emotional distress, as well as pain and suffering.

Unfortunately, these insurance companies often only care about their bottom lines. When you file a claim, they will give you a difficult time. In fact, they can even force you into taking as little compensation as possible. This is why you need to hire an experienced auto accident attorney to help you file insurance claims. An attorney can protect your rights, handle negotiations with the insurance company, and fight for the compensation you deserve.

Why Choose the Law Office of Joshua S. Reed?

Many victims of auto accidents find it difficult to understand their rights, take proper action, and pursue compensation for the injuries and damages they have suffered. At the Law Office of Joshua S. Reed, we believe that no one should suffer the financial burden from an auto accident that was caused by another person’s negligence.

We will provide legal consultation and guide you through the entire process of filing your insurance claim. Also, we will interview witnesses, gather detailed evidence, and work to establish fault and liability. A qualified personal injury attorney will develop a strong legal strategy to help you seek fair compensation. We will handle all communication and negotiations with the insurance company while putting your interests first. You can trust our attorneys to continue fighting on your side and help you move toward the results you deserve.

Experienced Personal Injury Attorneys in Knoxville, Tennessee

Contact the Law Office of Joshua S. Reed today for help with your insurance claims filing and personal injury lawsuit. Our experienced team will meet with you and discuss the legal options available to you. We will fight to protect your rights and pursue fair financial compensation for your injuries, property damage, and suffering. Call now to schedule a free consultation with a knowledgeable personal injury attorney. We represent victims in Knoxville, Farragut, Maryville, Clinton, Oak Ridge, Lenior City, Anderson County, Blount County, Sevier County Monroe County, Roane County and all over East Tennessee.