An auto accident with an out-of-state driver can be complicated, but an experienced personal injury firm like Bart Durham Injury Law can help. With good legal representation, you can concentrate on recovering from a personal injury with increased optimism of a successful lawsuit. Here’s what you should know:
Reporting an Insurance Claim
Each insurance company in Tennessee has its own rules about the deadline for notifying them of a car accident. However, it is advised that you file your insurance claim as quickly as possible so that the company can commence investigations early enough to unravel the party at fault.
If you decline to report your accident to your insurer (maybe due to a fear that you are at fault) and the out-of-state driver files a claim against you, the company may decide not to cover the out-of-state driver’s injuries, which means that you will have to pay out of pocket. Additionally, your insurance firm can end your coverage for violating contract terms.
However, be sure not to provide recorded information (such as a statement) to your insurer without first discussing it with an accident attorney.
Tennessee Fault Laws
There are two commonly used insurance law systems when it comes to car accident laws in the US – the no-fault system and the at-fault system. States that operate the no-fault system include:
- Florida
- Kansas
- Hawaii
- Massachusetts
- Kentucky
- Michigan
- New Jersey
- Minnesota
- New York
- Pennsylvania
- North Dakota
- Utah
In the no-fault insurance system, your insurance company pays for any injuries to you in the car accident irrespective of whose fault led to the accident.
You’ll have noticed that Tennessee is not on the list of no-fault states, meaning that it is an at-fault state where the law says that the party determined to be at fault for the accident, bears responsibility for the payment of damages, through their insurance company.
Proving Fault
It is essential to prove that the out-of-state driver is at fault for the car accident you were involved in if you wish to collect compensation for things like injuries, salary loss, and damage to your property.
Below are three different ways to obtain "official" proof and establish the party at fault for an out-of-state car accident.
- The "No-Doubt" liability
- Police reports
- Traffic laws (local and state)
Protecting Your Rights
The most important actions to take after an injurious out-of-state car driver accident are to get medical treatment and get in touch with an attorney. Follow the steps below to protect your rights:
- Call the emergency number (911) and wait for the arrival of the police
- Share contact information with the other driver (mandated by law) and start collecting evidence
- Get medical care as quickly as possible
- Report the accident to your insurer but be careful with all your early communication with the company until you bring in your attorney
- Contact a Tennessee car accident attorney
Filing an Injury Lawsuit
Every state has a deadline or statute of limitations within which certain legal claims should be filed. In Tennessee, out-of-state driver car accident victims or other cases of accidents have a year (12 months from the date of the accident) to file a claim for compensation.
However, the following exceptions can apply:
- In cases where injuries do not manifest immediately after the car accident, the victim is allowed to file his claim from the day he discovered (or reasonably ought to have discovered) that he was hurt.
- If the injured car accident victim is a minor or child, he has one year after his 18th birthday to file a claim against the at-fault out-of-state driver.
- In Tennessee, out-of-state driver car accident victims who become mentally or physically incapacitated after a car accident are allowed to have the statute of limitations extended (or tolled) until they are determined to have sufficiently recovered to represent themselves effectively. They have one year after being deemed to have sufficiently recovered to file their claim.
Immediately after the time limit is over, you will no longer have any legal right whatsoever to make a case.
Trust the Experts at Bart Durham Injury Law
A car accident can happen at any moment, unfortunately. Bart Durham Injury Lawyers have been fighting for clients’ rights and best interests since 1975.
