Like every other state, Tennessee requires all drivers to carry car insurance when an accident occurs. If you were injured in a car accident but did not have insurance at the time, you might worry if you will be prevented from recovering compensation.
Fortunately, you can still recover compensation for your damages even if you were uninsured when your accident happened. Tennessee is an at-fault state, meaning you can pursue damages in a third-party liability claim against the negligent driver’s insurance. You can also file a lawsuit with limitations despite not possessing car insurance.
Regardless of your insurance status at the time of your car accident, our Tennessee personal injury lawyers can help you get the compensation you deserve. For a free case review, call Howe Law at (844) 876-4357.
What Happens If I Get in a Car Accident in Tennessee Without Insurance?
Getting in a car accident can be highly stressful, but it can be even tenser if you are injured in a car accident without insurance in Tennessee. The good news is that your ability to recover compensation from a negligent driver in Tennessee is not affected by your insurance status. Understanding Tennessee’s insurance rules and the options you can pursue can help you determine the right move to make in your case. Our personal injury lawyers are ready to provide you with the legal assistance you need to get justice for your injuries.
At-Fault Insurance Rules
Tennessee is one of a handful of states that practices at-fault insurance rules. This is fortunate if you happen to be injured in a car accident without insurance. Under Tennessee’s at-fault insurance laws, car accident victims can recover compensation for their injuries from the party responsible for causing the accident. The driver that caused the accident is liable for any resulting damage regardless of whether the other driver had insurance.
To recover compensation after a car accident, you can start by filing a third-party liability claim against the other driver’s at-fault insurance. You will need to provide evidence to the insurance company to convince them that their policyholder acted negligently when they injured you. If it is determined that you were more than 50% at fault, the insurance company might deny your claim. Fortunately, you can also pursue damages in a lawsuit, discussed in more detail below, regardless of your insurance status. However, you will want to be aware of the minimum insurance requirements in Tennessee since insurance will typically be the first route to getting compensated.
Tennessee’s Car Insurance Requirements
Tennessee requires all drivers to carry a minimum amount of liability coverage to drive on the roads legally. These minimums are important as they will set the bar for what you can recover from an at-fault driver, at least through insurance. Tennessee requires drivers to carry three particular types of liability coverage to cover those they injure:
- $25,000 for bodily injury per accident
- $50,000 for all deaths or injuries per accident
- $15,000 property damage coverage per accident
Car insurance minimums are already quite low, and Tennessee has even lower amounts than the limits set by other states. If your injuries are serious, these limits will be reached quickly, but you will still be left with damages that you should be compensated for. Suppose insurance seems insufficient to cover the full extent of your injuries. In that case, our Knoxville personal injury lawyers can help you prepare a lawsuit to file to recover the remaining damages.
Can I Sue If I Get in a Car Accident Without Insurance in Tennessee?
There are a few scenarios where filing a lawsuit will give you the best chance to recover compensation for your injuries. There is no need to worry if you did not have insurance coverage when your accident occurred. You can still file a lawsuit against the negligent driver to recover damages. Many drivers in Tennessee only possess the minimum liability coverage, which can run out quickly if your injuries are more severe and treatment takes longer. If your damages exceed the other driver’s insurance coverage, you can sue them for the remaining damages.
You can also file a lawsuit against another driver if they were uninsured. If a driver does not have insurance, you cannot file a third-party insurance claim. However, this does not let a negligent driver escape liability. Uninsured drivers can be sued for their negligence like any other driver. A lawsuit is likely your only path to recovery in these situations since you will not have uninsured motorist coverage if you did not have basic insurance coverage when your accident occurred.
Can Driving Without Insurance in Tennessee Be Used Against Me in Court?
Many drivers injured in Tennessee car accidents worry if the fact that they were uninsured at the time can be used against them in their lawsuit. Fortunately, your insurance status generally cannot be introduced as a fact in court. Tennessee’s Rules of Evidence prevent a party’s insurance status from being disclosed in court. Thus, the fact that you were driving without insurance when you were injured will not be discussed during your trial. Only in rare circumstances can that information be disclosed in court. Our Knoxville personal injury lawyers can help you recover the compensation you are entitled to without fear of how your insurance status could be used against you.
What Evidence Can I Use to Prove the Other Driver Was At Fault for My Tennessee Car Accident?
Several forms of evidence can be used to show that the other driver was responsible for your injuries. Evidence typically comes from many sources and can be hard to procure in some cases. The following are common types of evidence that our personal injury lawyers can help you gather:
- Police reports
- Medical records
- Photos of the scene and your injuries
- Physical evidence from the scene
- Property damage estimates
- Eyewitness statements
- Personal recollections
- Expert witness statements
- Surveillance and smartphone footage
Our personal injury lawyers can review your case and reach out to other parties to gather evidence on your behalf for your lawsuit.
Our Tennessee Car Accident Lawyers Can Help
If you got into a car accident without insurance, our personal injury lawyers can help you determine the best options to recover compensation. Contact Howe Law today at (844) 876-4357 for a free case assessment.
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