Understanding the distinction between at-fault and no-fault systems is crucial for Tennessee drivers, especially when navigating the aftermath of an accident. This knowledge can significantly impact how insurance claims are handled and what compensation you may be entitled to receive.
Keep reading to learn the key differences between at-fault and no-fault laws with Bart Durham Injury Law, your Nashville car accident lawyers.
In the U.S., states operate under either an at-fault or no-fault system concerning auto accidents. In at-fault states, the driver responsible for causing the accident is liable for the resulting damages and injuries.
Conversely, in no-fault states, each driver's insurance covers their own medical expenses and certain other losses, regardless of who caused the accident.
Tennessee follows an at-fault system, meaning the driver deemed responsible for an accident is liable for compensating the other party's damages. This system requires determining fault, which can involve police reports, witness statements, and other evidence.
Once fault is established, the at-fault driver's insurance is expected to cover the damages up to the policy limits.
Tennessee law mandates that all drivers carry minimum liability insurance to cover potential damages:
These minimums are designed to ensure that drivers can cover damages if found at fault in an accident. However, given the high costs associated with serious accidents, many drivers opt for higher coverage limits.
Tennessee employs a modified comparative fault rule. Under this rule, if you are found to be 50% or more at fault for an accident, you cannot recover damages from the other party.
If you are less than 50% at fault, you can recover damages, but the amount will be reduced by your percentage of fault. For example, if you are 20% at fault and suffer $10,000 in damages, you can recover $8,000.
After an accident in Tennessee, you have several options for seeking compensation:
It's important to note that Tennessee has a statute of limitations for personal injury claims, typically one year from the date of the accident. Failing to file within this time frame can bar you from seeking compensation.
Navigating the complexities of Tennessee's at-fault system can be challenging, particularly when dealing with insurance companies and legal procedures. Nashville auto accident lawyers specialize in these matters, offering expertise to ensure you receive fair compensation.
They can assist in gathering evidence, negotiating with insurers, and representing you in court if necessary.
When selecting a Nashville car or big truck accident lawyer, consider their experience, track record, and client testimonials. A knowledgeable attorney can make a significant difference in the outcome of your case, providing guidance tailored to your specific circumstances.
Bart Durham Injury Law has been serving clients in Tennessee and Kentucky since 1975, focusing on personal injury cases, including automobile accidents.
Our team is dedicated to ensuring clients receive the compensation they deserve, handling the complexities of the legal process so you can focus on recovery.
If you've been involved in an auto accident and need legal assistance, consider reaching out to us at Bart Durham Injury Law for a FREE consultation. Our expertise can help you navigate the legal system and pursue the compensation you deserve!