What are my options for recovering damages following an accident?

If you are injured in an accident in Tennessee, the last thing you want to think about is dealing with the insurance company, yours or anyone else’s. However, it is crucial to get the ball rolling as quickly as possible with any and all insurance carriers who may have a stake in the accident, so you can assess your options for recovering damages. 

According to FindLaw, the driver who caused the accident is also responsible for damages. If you are at fault, you need to file a claim with your insurer. If a third party is at fault, you can file a claim with his or her insurer. Or, you can still file with your own company, which will then attempt to recover the claim amount from the other driver’s insurer.

Unfortunately, not all drivers have insurance, despite state mandates requiring liability coverage of all who operate a motor vehicle. If the at-fault motorist is not insured or damages amount to more than a settlement offer, you may choose to pursue a personal injury lawsuit to recoup the cost of repairs, replacements, and injuries.

In most cases, Tennessee limits the time you have to file a civil suit to one year from the date of the accident. Keep that in mind when you file an insurance claim, a process that may take longer than expected if a claim is denied, then appealed, or if a settlement offer is insufficient to meet your needs. If you find yourself in this position, you may wish to consult an attorney with experience in this area.

Damages that you may seek are intended to restore you and your property to the same level as before the accident occurred. Economic damages account for lost wages, medical expenses, property damage and loss of services, which can be anything from childcare to housework. Damages that do not fall in the economic category include pain and suffering; the state limits non-economic damages to $750,000.

This article is meant to be informational in nature. It should not be considered as legal advice.

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