Underinsured/Uninsured Motorists Accidents
Nashville Lawyer Assisting Car Crash Victims
Tennessee law requires that drivers in the state carry insurance with a minimum coverage of $25,000 per person, $50,000 per accident, and $10,000 in property damage. Unfortunately, some people fail to comply with this law, and often their negligent behavior injures others on the roads. Nashville car accident attorney Matt Hardin has the experience to help you through the aftermath of a collision caused by an underinsured or uninsured motorist accident.
Pursuing Compensation From an Uninsured Tennessee Motorist
If you were hurt in an accident caused by someone who doesn’t have insurance, or enough of it, you can take legal action. A typical solution consists of filing a negligence lawsuit against the uninsured motorist who caused the crash. To succeed, you would need to show that it is more likely than not that:
- The uninsured driver owed you a duty of reasonable care;
- The uninsured driver breached the duty;
- The accident were caused by the uninsured driver’s careless behavior; and
- You suffered injuries and actual damages as a result of the accident.
Every person has a duty to avoid unreasonable behavior on the road that could foreseeably hurt another person. Driving drunk, tailgating, or driving distracted are ways in which a driver might breach that duty. You can prove a defendant’s breach using witness testimony, police reports, or other evidence that shows how the collision happened.
After an underinsured or uninsured motorist accident you must also establish that the defendant’s carelessness caused your injury. In other words, you must show that you would not have been hurt had the defendant acted with the level of care expected from the ordinary driver. Also, the defendant’s behavior must have been a substantial contributing factor to your injury, and the harm that you suffered must have been reasonably foreseeable. If you can prove all of these elements, you may be able to get compensation, and our Nashville lawyers can help.
An injury can be a physical, psychological, or financial type of harm, any of which can be compensated. Thus, you can recover a broad spectrum of economic and non-economic compensation, including damage to your car, medical bills, lost wages, and pain and suffering.
In addition to filing a negligence lawsuit, you might consider pursuing a claim with your own insurance company. Tennessee law requires that all insurance policies carry uninsured and underinsured motorist coverage unless the insured specifically rejects this coverage pursuant to TCA § 56-7-2101. Many insurance companies are more concerned with minimizing the cost to their bottom line than with fully compensating their insured. Therefore, although you may be dealing with your own insurance company, an experienced attorney may be essential to advocate on your behalf and help you get as much compensation as possible.
Consult a Nashville Injury Attorney to Protect Your Rights
You should not have to labor under a heavy financial burden if you were harmed in an underinsured or uninsured motorist accident. Experienced injury lawyer Matt Hardin can craft a wide range of strategies to seek compensation for Tennessee residents hurt by someone else’s carelessness or wrongdoing. Call (615) 200-1111 or visit our contact page to schedule a free case evaluation.