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Tennessee Is An At-Fault State: Here’s What That Means

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Our Car Accident Lawyers are Available to Assist You After an Auto Accident

Automobile insurance is essential to have, especially when you’re involved in a motor vehicle accident. It’s also imperative to know the type of policy you possess and what expenses it will cover in the case of an accident.

If you or a loved one sustained life-altering injuries due to the negligent actions of another motorist, our car accident lawyers at McMahan Law Firm can help. Filing a claim can be difficult without the proper legal guidance. Our team has years of experience handling automobile accident claims and understands how the legal system operates.

Insurance laws vary depending on which state you reside, so it’s important that you are fully aware of the laws and requirements for your state.

What is an At-Fault State?

Tennessee is an at-fault state, which means if a driver is found at-fault for an accident, they are held legally responsible for the damages and injuries they caused. The insurance company will pay up to the at-fault driver’s policy limits.

In no-fault states, on the other hand, drivers involved in an accident are required to file a claim with their own insurance company, regardless of who caused the collision.

In Tennessee, an injured victim can either file a claim directly with their insurance company, file a claim against a third party’s insurance company, or file a personal injury lawsuit against the driver in civil court. However, it’s in your best interest to speak with an experienced and knowledgeable attorney before making any legal choices regarding your claim.   

Car Insurance Requirements

In the state of Tennessee, drivers are required to have liability insurance, which can help cover damages and any injuries you caused to another individual on the roadways. According to the Department of Motor Vehicles (DMV), Tennessee drivers must have the following minimum limits for their liability insurance coverage:

  • $25,000 for each injury or death per accident.
  • $50,000 for total injuries or deaths per accident.
  • $15,000 for property damage per accident.

Residents have the option to add additional protection to their policy, including uninsured motorist, comprehensive, and collision coverage.

Two Drivers Arguing After A Rear End Car Accident

How is Fault Proven in an Accident?

Determining fault is based on various components. For example, photos, witness statements, and the severity of your injuries can help prove who was at-fault for the collision.  

The state of Tennessee abides by what is known as the “modified comparative negligence system,” whereas other states follow the comparative negligence or contributory negligence system. The modified comparative negligence system is based on percentages and uses what is known as the “50 percent rule.”

In order for an injured victim to receive any compensation, it must be proven that they are 49 percent or less responsible for the accident. However, if they are found to be 50 percent or more responsible for the collision, compensation will not be rewarded. Keep in mind, these percentages impact the amount of compensation you may be entitled to.

If I File a Claim, Will I Receive Compensation?

Compensation is a particular amount awarded to a victim who suffered injuries and property damage due to the careless actions of another individual. Compensation can cover medical bills, lost wages, emotional distress, property loss, and pain and suffering.

However, in many cases, insurance companies give injured victims a difficult time when they file a claim. Insurance companies’ main goal is to make a profit, which means they will try to pay out as little compensation as possible. This can cause you to be left with an amount that’s less than what you deserve.

When you contact our car accident attorneys, you can trust that we will fight for what you rightfully deserve. In order to determine whether or not you are eligible for compensation, we must review the different aspects of your case. We will the handle negotiations with the insurance company and make sure you’re not taken advantage of.    

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Receive Legal Help by Contacting Our Experienced Attorneys

At McMahan Law Firm, we are dedicated to providing the community with quality legal services. Motor vehicle accident claims can be strenuous to handle without legal advice. We know the frustration and worry you may feel after an accident, but our team can help take some of the weight off your shoulders. We believe in fighting for the justice of those who are unable to fight for themselves.   

If you have any questions about whether or not you have a case, please don’t hesitate to contact us. Call our law office today at (423) 265-1100, or fill out our free consultation form. Allow us to handle your legal matters, while you focus on recovering.