Hamilton County Uninsured Car Accident Lawyer

If you or somebody you love has been involved in an accident like this, a Hamilton County uninsured car accident lawyer could offer their assistance.

Bodily injuries sustained due to another driver’s poor driving or carelessness, should not leave you holding the bag even if the at-fault driver does not have insurance coverage. It is not right when a driver disregards state insurance requirements and imperils others. Proceeding with a claim when a driver is uninsured takes considerable skill and determination, but especially when the responsible party is without coverage.

State Law Insurance Requirements

Tennessee’s Financial Responsibility Law requires vehicle owners to prove that they are able to cover financial losses, both bodily injury and property damage, should they be responsible for a car accident. These requirements set forth minimum coverage numbers for the injury of one person and injuries per accident minimums in addition to property damage in an accident caused by any Tennessee driver. The primary way to obey the law is to hold automobile coverage that meets these minimums.

When a car accident occurs, a plaintiff has three primary recourses to address his or her injuries. Tennessee is a traditional “fault” state regarding car insurance. Thus, the at-fault party’s insurance is responsible for covering the cost of damages.

A plaintiff could file a claim with his or her own insurance company for is or her out-of-pocket damages suffered in the crash, like a car repair or replacement and resulting medical bills. The insurance company would pursue the at-fault driver’s insurance company for payment, through what is called a subrogation claim.

If the driver who caused the accident is uninsured, the at-fault and uninsured driver may face penalties under the law, but where does that leave an injured victim? Though Tennessee does not require uninsured motorist coverage, if a Hamilton County uninsured car accident victim has this type of coverage, he or she could pursue a claim through his or her own insurance company up to the policy limits.

Here, a Hamilton County uninsured accident lawyer’s help could be useful in making the case and negotiating with a victim’s insurance company who would question whether the policy applies to the situation.

Filing a Personal Injury Lawsuit After a Hamilton County Uninsured Motorist Accident

Finally, a plaintiff may also file a personal injury lawsuit for damages using the state’s civil court system against the at-fault driver. A personal injury lawsuit differs from insurance claims in more than one way.

First, the legal system is more formal than an insurance claim process. If a plaintiff misses deadlines and fails to follow rules, he or she may forfeit the right to compensation. Second, and notably, lawsuits allow victims to also seek damages for the mental pain and physical suffering he or she experienced as a result of the accident, whereas this is not compensation one typically receives from an insurance settlement.

A defendant without insurance could be sued personally for the losses a victim sustains in the crash. If the plaintiff obtains a judgment against the defendant, he or she would be personally responsible for paying for the award. If the wrongdoer cannot pay, there are several methods of satisfying the judgment, including garnishing the defendant’s wages.

A Hamilton County Uninsured Car Accident Attorney Could Help

The situation following an accident with an uninsured motorist is, to say the least, not straightforward. Your injuries and recovery may be causing you physical pain. You may be wondering how you may be able to pay for everything, and you may have to forego your income while you take time off of work to heal.

A lawyer could understand the difficulty of your situation and lay out your options so that you could understand your options for pursuing recovery. Get in touch with a Hamilton County uninsured car accident lawyer today to begin on your case.