Facing a situation where your medical bills exceed the at-fault driver’s insurance coverage can be financially draining because it places a significant burden on you to cover the outstanding expenses, potentially leading to financial hardship. It can also be emotionally draining as the stress and uncertainty of the situation, coupled with the physical and emotional toll of the accident, can take a considerable toll on your well-being.
Thankfully, if your medical bills exceeded the at-fault driver’s insurance limits in Tennessee, there may be multiple options for pursuing compensation. First, you may be able to recover payment by filing an underinsured motorist (UIM) claim with your own insurer. Further, you may be able to recover additional payment by filing a lawsuit against the other driver. Our legal team can review your specific case to determine the right steps to take.
Seek help from our Tennessee car accident lawyers by calling Howe Law today at (844) 876-4357.
How to Recover Payment if Your Medical Expenses Exceed the At-Fault Driver’s Insurance Limits in Tennessee
In the state of Tennessee, all drivers have to have liability insurance to cover damages they may cause in an accident. However, insurance limits can vary, and when the expenses resulting from an accident surpass those limits, you may have to explore other options for seeking compensation.
Filing an Underinsured Motorist (UIM) Claim
One potential avenue to explore involves filing a UIM claim. This type of claim can be made against your own insurance policy, provided you have UIM coverage. It is designed to step in and provide additional compensation to cover the difference between the at-fault driver’s policy limit and your actual medical expenses. In other words, it is a way to bridge the gap and ensure that you receive the payment you need to cover your medical bills and related expenses.
Pursuing Legal Action Against the At-Fault Driver
If your medical costs significantly exceed the at-fault driver’s insurance limits, you may also consider taking legal action against the responsible party. Pursuing a personal injury lawsuit can be a complex process that involves gathering evidence, negotiating with the defendant, and potentially going to court to argue your case.
This approach can help you recover the remaining expenses not covered by the at-fault driver’s insurance. However, it’s important to note that navigating the legal system can be challenging without proper legal representation.
Our Attorneys Can Help
In the aftermath of an accident where your medical expenses surpass the at-fault driver’s insurance limits, it is crucial to have a clear understanding of your available options. Our Nashville car accident lawyers can assess your ability to file a UIM claim or pursue a lawsuit against another motorist.
Furthermore, after determining the appropriate course of action, our legal professionals can help gather pertinent evidence and fight for the full extent of compensation you are owed. We will work diligently to ensure that your rights and interests are protected on your road to recovery.
How Long Do You Have to File a Car Accident Lawsuit in Tennessee?
The time window to file a car accident lawsuit in Tennessee is set forth by T.C.A. § 28-3-104. Typically, you will have one year from the date of a crash to bring a case against the at-fault party. If you wait too long to file your lawsuit, then you may miss your opportunity to recover compensation.
Furthermore, the evidence needed to support your case may become hard to gather and preserve over time. For example, a witness may forget an important detail, or a crucial piece of physical evidence may deteriorate. The sooner you get in touch with our legal team, the more efficiently we can collect the information we need to recover the payment you are owed.
Minimum Insurance Requirements for Drivers in Tennessee
As previously mentioned, all drivers in Tennessee are legally obligated to maintain a minimum level of liability insurance coverage. This coverage is designed to provide financial protection in the event of an accident where you are at fault. The minimum liability insurance requirements in Tennessee include bodily injury liability, which should have coverage of at least $25,000 for bodily injury or death per person in an accident and a minimum of $50,000 for bodily injury or death per accident, involving multiple individuals. Additionally, property damage liability coverage of at least $15,000 is required to handle property damage caused by your vehicle.
How to Protect Your Legal Rights After an Accident in Tennessee
Immediately after an accident in Tennessee, there are certain steps you can take to protect your potential claim against the at-fault driver. By taking the following actions, you may improve your ability to recover payment for your medical bills:
Call 911
The first and foremost step is to call 911 to report the accident. This not only ensures prompt medical attention if needed but also results in a police report, which can be valuable when filing a claim or pursuing legal action.
Exchange Information with Other Drivers
Exchange essential information with the other involved drivers, such as names, contact details, insurance information, and vehicle license plate numbers. This information will be crucial for insurance claims and potential legal proceedings.
Document the Scene
If it is safe to do so, document the accident scene by taking photographs of the vehicles’ positions, damage, road conditions, and any contributing factors. This visual evidence can be highly valuable later when establishing liability.
Seek Medical Attention
Even if you believe your injuries are minor, it’s essential to seek medical attention promptly. Some injuries may not manifest immediately, and medical records can provide crucial evidence for your claim.
Call Our Attorneys
Finally, you should contact our law firm as soon as possible. Our team can provide guidance on the next steps, help you gather evidence, communicate with insurance companies, and represent your interests in your pursuit of compensation.
Call Our Car Accident Lawyers for Help with Your Case in Tennessee
Get support from our Knoxville car accident attorneys at Howe Law by dialing (844) 876-4357.
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