When an Out-of-State Driver Causes a Crash in Memphis: How Tennessee Laws Apply
Memphis sees significant traffic from out-of-state drivers. With major highways like I-40, I-55, and I-69 converging in the area, residents and visitors often share the road with drivers traveling through Tennessee. Unfortunately, when an out-of-state driver causes a crash, the process of pursuing compensation can feel even more complicated.
While the driver may reside in another state, the laws governing the accident are determined by where the crash occurred. That means Tennessee law will apply to collisions in Memphis, even if the at-fault driver holds a license and insurance from another state. Understanding these rules can help victims protect their rights and secure the compensation they need.
Tennessee’s Fault-Based Insurance System
Tennessee follows a fault-based auto insurance system. This means the driver who caused the accident is financially responsible for the damages. For Memphis residents hit by an out-of-state driver, this law works in their favor because it does not matter where the other driver is from. What matters is who caused the crash.
Key aspects of Tennessee’s system include:
- Drivers must carry minimum liability insurance of $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage.
- Accident victims can file a claim directly with the at-fault driver’s insurer.
- If insurance is insufficient, victims can pursue additional compensation through a personal injury lawsuit.
Even if the other driver’s insurance is issued in another state, the policy must meet Tennessee’s requirements when the crash happens here.
Jurisdiction and Legal Proceedings
One of the most confusing aspects of an out-of-state driver crash is determining where the legal proceedings will take place. The answer is straightforward: because the collision happened in Tennessee, the courts here have jurisdiction.
This means that if you file a lawsuit against the out-of-state driver, your case will proceed in Tennessee, not in the driver’s home state. The defendant may need to travel or hire local counsel to respond to the allegations. For the injured person, this simplifies the process, since you will be working with Tennessee courts and laws rather than unfamiliar rules from another state.
Complications With Out-of-State Insurance Policies
Although Tennessee law applies, dealing with an out-of-state insurance company can create challenges.
Victims may encounter:
- Delays in communication when the insurer is based elsewhere.
- Disputes over policy limits if the out-of-state coverage differs from Tennessee requirements.
- Attempts by the insurer to minimize responsibility by complicating the claims process.
These hurdles can be frustrating, especially while recovering from injuries. Having a Memphis personal injury attorney handle communication and negotiations can help ensure your rights are not overlooked.
Why Legal Representation Is Crucial in These Cases
Accidents involving out-of-state drivers can quickly become complex. Victims may face questions regarding jurisdiction, insurance coverage, and the most suitable venue for legal action. An experienced attorney can provide clarity and manage the process from start to finish, ensuring a smooth and efficient outcome.
Our skilled Shelby County personal injury lawyers can:
- Investigate the crash and gather evidence of fault.
- Communicate with out-of-state insurers on your behalf.
- Ensure Tennessee laws and insurance minimums are correctly applied.
- File a lawsuit in Tennessee courts if necessary.
- Pursue the maximum compensation for medical expenses, lost wages, and pain and suffering.
Protecting Your Rights After an Out-of-State Driver Crash
Being injured by an out-of-state driver in Memphis can leave you feeling uncertain about your next steps. The good news is that Tennessee law provides explicit protections for accident victims, and you do not have to navigate these challenges alone. At The Gold Law Firm, we are dedicated to helping crash victims hold negligent drivers accountable, no matter where they are from.
Contact The Gold Law Firm today at (901) 244-5003 or online to schedule a free consultation. Our attorneys will fight for your rights and only get paid if we secure compensation on your behalf.