When you get into a car accident with a driver that is uninsured or underinsured, you still might have options for compensation.
Tennessee is the state with the fifth-highest percentage of uninsured drivers at 20%, according to the Insurance Information Institute (III). This means you are more likely to get into a car accident
A Nashville uninsured car accident lawyer from Ben Crump Law, PLLC might be able to help you with your case. Call a member of our team today for a free, no-obligation consultation of your case at (800) 598-7557.
How a Nashville Uninsured Car Accident Lawyer Can Help You
A lawyer can help you after your car accident by taking on every aspect of the case for you. This can be especially helpful if you are still trying to recover from your injuries.
A lawyer can investigate your case to see what avenues of compensation you have available to you. This might include your own insurance policy, a lawsuit, or finding a hit and run driver.
Uninsured/Underinsured Driver Coverage
Uninsured or underinsured motorist coverage protects a driver in this situation, or when you are injured in a hit and run accident. This coverage can compensate you for your medical bills and other losses, but it typically will not cover property damage.
Tennessee does not require drivers to secure uninsured/underinsured driver coverage. For this reason, many people skip over the option because it will raise their premiums. However, if this coverage is included in your current insurance policy, then a lawyer can help you build your claim to make sure you are adequately compensated for your injuries.
Your lawyer can call your insurance company for you to see if you have uninsured or underinsured motorist coverage. They can also take into account all of your losses, present them to your insurance adjuster, and negotiate a fair payment.
Filing a Lawsuit Against the Uninsured Driver
If you do not have uninsured or underinsured driver coverage, you still have the option of filing a lawsuit against the driver at fault.
However, you might want to consider whether the time and effort will be worth it. A driver most likely is uninsured because they cannot pay for insurance. If this is the case, they probably will not be able to pay for your losses if a court decides you should receive compensation. If they are able to pay for your damages, then a lawsuit might be a viable option.
Your lawyer can also negotiate directly with the uninsured driver to attempt to reach a settlement before even having to file a lawsuit. If they are unable to reach a settlement agreement that compensates you fairly, then you might not have another option but to file a lawsuit.
According to the Tennessee Code of Civil Procedure section 28-3-104(a)(1)(A), you only have one year to file a lawsuit, which, in the grand scheme of things, is not a lot of time. If you are considering hiring a lawyer for help, you should reach out to a law firm as soon as possible to give them the amount of time they need to gather the evidence to prove your case.
Call a member of the team from Ben Crump Law, PLLC today to see how an uninsured car accident lawyer from our firm can help you with your case.
For a free legal consultation with a uninsured car accidents lawyer serving Nashville, call (800) 598-7557
Recoverable Compensation in an Uninsured Driving Accident
If you can prove the following, you might be entitled to compensation for your losses:
- Duty of care: The driver had a responsibility to take the appropriate measures to keep you and other drivers on the road safe.
- Breach of duty: The driver did something negligent (texting and driving, speeding, etc.) that caused the accident.
- Causation: The accident resulted in your injuries.
- Loss: Your injuries resulted in physical, financial, and emotional losses.
If you can prove that criteria, then you should be able to claim compensation for losses, such as:
- The ambulance ride
- Emergency room costs
- Hospital stays
- Surgery or treatment costs
- Prescription medication costs
- Lost wages from being out of work
- Lost earning capacity in the case of a disability
- Property damage to your car and any other belongings
- Pain and suffering
- Mental anguish
- Disability and disfigurement
- Loss of consortium
According to the Tennessee Code of Civil Procedure section 20-5-113, if your loved one died in a car accident with an uninsured driver, you might be able to file a wrongful death lawsuit on their behalf. From a wrongful death lawsuit, you have the right to recover an award for pain and suffering, your loved one’s final expenses, funeral and burial costs, and more.
You also have one year from the day of your loved one’s passing to file a wrongful death lawsuit on their behalf.
Nashville Uninsured Car Accident Lawyer Near Me (800) 598-7557
Call Ben Crump Law, PLLC Today
At Ben Crump Law, PLLC, our lawyers do not shy away from tough cases, like ones including uninsured or underinsured at-fault drivers. Once you hire us, we will do everything in our power to get you a settlement or judgment in your favor that adequately compensates you for your losses.
If you are currently struggling to pay medical bills, car repair costs, and other expenses, you do not have to worry about paying us any attorney’s fees up front. We work on a contingency fee basis. This means that front all of the costs of our labor, and only receive a payment if and when your case results in a settlement or judgment. This is so personal injury victims do not have a barrier of entry to seek the compensation they deserve.
When you are ready to hold the driver at fault responsible for their negligence, you can call a member of our team today at (800) 598-7557 to see how a Nashville uninsured car accident lawyer can help you with your case. You should not have to suffer further from an accident you did not cause.