Although Tennessee law requires all vehicles to have auto insurance, some people allow their policies to lapse when they cannot afford to pay their premiums. Being involved in an accident with an uninsured motorist can be complicated, especially in Tennessee, where at-fault parties may be legally liable for any damages sustained from the collision.
If you are injured in a car accident because of an uninsured motorist’s carelessness, you could take legal action. A Franklin uninsured car accident lawyer could help evaluate your claim and defend your legal right to compensation. If you need help determining liability, with negotiations, or the legal details of paperwork, a skilled car wreck attorney could help you through the recovery process.
Determining Legal Liability for Uninsured Crashes
Tennessee is a “fault” state, which means that whoever is found liable for causing an accident may be responsible for paying any damages sustained from the crash. Under the state’s Financial Responsibility Law, drivers must carry auto insurance with a minimum coverage of $25,000 per person, $50,000 per accident, and $10,000 in property damage.
Unfortunately, some drivers fail to or refuse to comply with this law, and their careless behavior can injure others.
Establishing Negligence
An injured victim may have the option to pursue compensation from the uninsured motorist. To succeed, the victim may need to show that:
Every motorist has a duty to drive with caution and avoid acting in a way that could foreseeably injure another person. Driving under the influence, driving distractedly, or tailgating are some ways in which a driver might breach that duty. A victim may be able to prove a defendant’s breach using evidence that shows how the collision happened.
After proving a breach of duty, an injured plaintiff generally must establish that the defendant’s negligence caused their injury. The evidence must demonstrate that the injury would not have occurred if the defendant had acted with the level of care expected from a responsible driver. A Franklin uninsured car accident lawyer could help an injured person establish negligence.
How Bad Faith May Affect an Uninsured Car Accident Case
If an uninsured motorist was liable for an accident and the injured individual has Uninsured Motorist Coverage (UM) in their insurance policy, the victim may file a claim for compensation. The purpose of UM coverage is to protect motorists against uninsured drivers and hit-and-run accidents. UM coverage generally equals the insured’s bodily injury liability limits.
Unfortunately, insurance companies all too frequently try to avoid their obligation to pay on valid auto insurance claims. An insurance company owes its policyholders a duty of good faith and fair dealing. When insurance companies fail to act reasonably in processing, handling, or paying a valid claim, otherwise known as bad faith, plaintiffs may have the right to file a lawsuit if they believe the insurance company acted in this manner.
Get Help From a Franklin Uninsured Car Accident Attorney
If you were injured in a car accident caused by the negligent or careless actions of an uninsured motorist, you may be entitled to fair compensation. A skilled Franklin uninsured car accident lawyer could strategically craft a case to seek damages on your behalf. An attorney could protect your right to recover the costs of your injuries, property damages, and other expenses related to your accident. Reach out to a lawyer in Franklin today.
The insurance company has a legal team. You should too.
