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Car Accident FAQs

Tennessee Car Accident FAQs

Knox County Attorney Discusses What To Do After a Car Crash

FAQs After Tennessee Car Accidents

The following are some of the common questions people have after they have been in a car accident. Please keep in mind everyone's situation is unique, and this content is not meant to be taken as legal advice. For answers to your specific questions and to schedule a free initial consultation with our firm, call our office in Jacksboro at 423-449-7980.

What Should I Do If I Am in a Car Wreck?

First and foremost, get treatment for your injuries, then call us immediately! If you are unsure whether your injuries need treatment, see a doctor just to be safe. You should also exchange insurance information with the other party involved in the accident. Make sure you get the names, addresses, and telephone numbers of all witnesses. A good witness can go a long way in helping your case. Another important tip is to not post anything on social media. Your comments may be misinterpreted and harm your case.

It also helps to document your injuries and write down how you are feeling each day, as well as the dates and results of each doctor visit. This helps us know how much to demand for your pain and suffering. If you are able, take photos of the accident scene and your injuries immediately following the incident, because it can bolster your case. It is also wise to take photos of your injuries as they heal. Finally, request a copy of your complete insurance policy, not just the declarations page.

How Much Can I Recover for My Injuries?

The answer to this question depends on several factors. Every car accident case has two components: liability and damages. Even if you were partially at fault, you may still be eligible to recover compensation.

Typical damages in car accident cases include medical expenses, pain and suffering, lost wages, and permanent disfigurement, to name a few. It is not enough that you incurred a large amount of damages. You must also prove that the accident caused your injuries, which often requires a doctor's opinion. Proving damages in a courtroom requires experience and legal knowledge. Do not attempt to do this on your own. Our firm will fight to recover the maximum amount of compensation.

What if I Was Involved in a Hit-And-Run? Who Will Pay?

To recover under your uninsured motorist coverage in a hit-and-run case, there must have been actual physical contact between the vehicles, or else you must establish the existence of the other vehicle by clear and convincing evidence. The rules are strict in these cases in an effort to prevent fraudulent claims.

What if the At-Fault Party Doesn't Have Insurance?

If you have uninsured motorist coverage, you may still recover. Unless you rejected this coverage in writing, it is likely part of your insurance plan. Don't assume that you are without options. We can review your policy and help determine the best path forward.

What if My Damages Exceed the At-Fault Party's Insurance Policy Limits?

Many people in Tennessee have automobile insurance policy limits of $25,000/$50,000. This means the amount of insurance coverage available is up to $25,000 per person, but only up to a total of $50,000 per accident.

If you are injured, and the damages exceed the policy limits of the at-fault driver, you may be able to recover additional compensation through your own underinsured motorist coverage.

What if I Was Partially At Fault?

Even if you were partially at fault, you may still be able to recover compensation. If your case proceeds to a jury trial, your recovery will be reduced by the amount of your fault. For example, if you were awarded $100,000 and found to be 25 percent at fault, your recovery would be reduced to $75,000.

I Have Health Insurance. Can I Still Recover?

Yes. If your health insurance provider paid for a portion of your medical bills for your accident-related injuries, your insurance provider will be put on notice that you are represented by an attorney, so that it has the opportunity to assert a lien on your potential recovery. We will negotiate a lump-sum payment amount with your health insurance provider to resolve the lien and, with your consent, your other outstanding medical bills incurred as a result of the accident.

Can I Still Recover If I Wasn't Wearing My Seatbelt?

Yes. In Tennessee, failing to wear your seatbelt or even receiving a citation for failing to wear your seatbelt is not admissible unless you are filing a products liability claim.

How Long Do I Have to File a Lawsuit?

One year. Limited exceptions apply, but only in rare instances.

Should I Talk to the Insurance Company?

The decision to speak with the insurance company is up to you. However, you should keep in mind the other person's insurance company will look out for their interests, not yours. The adjuster may ask you to make a recorded statement to help them determine who was at fault. This statement may be used in court. You should always seek legal counsel before speaking with an insurance company.

Contact Us With Your Car Accident Questions

To learn more about your options following a car accident, call us at 423-449-7980 to schedule a free initial consultation with our firm. You may also contact us online.

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