Tennessee Personal Injury Attorneys
The Dos
Do call an insurance representative as soon as a covered event takes place. As soon as you get home from the car accident, or even before you go to the doctor, if able, call your agent.
Do look over and understand your coverage before talking to your insurer or your agent. Read the “Coverage” and “Exclusion” sections of you policy in particular. If you have a question about your policy, our lawyers can look over your contract for you.
Do take and keep detailed records of all conversations with your insurance company and get names, phone numbers, and job titles of people you talk to, including their supervisor’s name. It is advisable not to speak to the insurance carrier of the other party who injured you.
Do think about whether you might have insurance coverage under some other insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies, “umbrella” policies, and materials that came with your credit cards.
Do take photos of your personal injuries and property damage, if possible. Do be honest and forthcoming with your insurer. Even if it is embarrassing, it is better if your insurer knows all the details. Failing to be honest with your insurer might invalidate your policy or cause a denial of coverage.
Do know the difference between replacement coverage and depreciated or actual cash value. If your policy provides replacement coverage, don’t settle a personal property loss for “actual cash value.” You may be required to replace the lost items before getting your full reimbursement if you have replacement cost coverage.
Do keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company.
The Don’ts
Don’t give any recorded or written statements to your insurer or the insurance representative of the person who injured you until you speak with an attorney. Remember you are not required to let the insurance company record your telephone conversation. If you have questions, do call our law firm.
Don’t automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator’s or contractor’s repair or replacement estimates, which might be a bit low. DON’T sign any releases or waivers of any kind until you obtain legal advice. A bad financial situation after a major loss may make it seem necessary for you accept a premature, inadequate settlement from your insurer. But you may remember destroyed items after you have signed a release as to payment for your personal property inventory or other claims. For these reasons, it is advisable to consult an attorney before signing a release or waiver. Be sure to read the fine print on any payment from the insurance company.
Don’t sign any release and do not accept any check that says “final payment”. Call our law firm as soon as possible.
Don’t ignore time limits. You only have two years before the statute expires and ignore time limits set by your policy.
Don’t forget that you have a contract with your insurer. Your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation.
If you have been harmed in an auto accident, please contact today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.
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Tennessee Injury and Wrongful Death Lawyers
Immediately after the accident
If you are involved in an automobile accident, stop. It is advised to not to leave the scene of an accident, even a minor one, without first stopping to see whether there are damages or injuries. A person may be criminally prosecuted for leaving the scene of a car accident.
Next, look for injuries, and call the police. Call an ambulance, if you need to. If you are unable to call, ask somebody else to call the police to report the accident and tell the police the number of people who are hurt, so that enough emergency personnel respond to the scene.
If possible, notify other drivers to proceed with caution by setting out flares, turning on your hazard lights, or raising the hood or trunk of your vehicle.
You and the other party should exchange information, including the other driver’s name, address, phone number, drivers license number, license plate number, insurance carrier, policy number, and agent’s name and telephone number. You should also give the same information to the other driver.
Obtain identifying information from any witnesses to the collision, and ask the police officer who investigates the scene to provide you with a business card and the “incident number,” so that you can request an accident report.
You should also take pictures and notes about where and how the accident happened, road conditions, speed limits, traffic control devices, weather, lighting, and what the cars were doing at the time of the accident and the damage to the same.
Even if you think you are responsible, do not say so. The other driver may share the responsibility or other factors may have led to the accident. An admission of fault may be used against you later at another time.
When the police arrive
Cooperate fully with the police when they arrive, and stay at the accident scene until the police notify you that you can leave. When you talk to the police, tell them only the facts of what occurred, and do not draw any conclusions. Do not admit responsibility for the collision to the other drivers, passengers, witnesses or the police. Responsibility or liability is a legal matter that is not always easy to determine. Tell the police of any injuries and witnesses.
Soon after the accident
Photograph your injuries and the damages to your vehicle. Gather all automobile insurance policies in your household for review by an attorney, and inform your insurance company of the collision. Obtain legal advice before filling out insurance papers, giving recorded statements to any insurance company, or meeting with any insurance company representative. It is especially important to talk to an attorney before giving a statement to the other driver’s insurance company. Do not sign any check or document from any insurance company without first consulting a skilled personal injury attorney. Contact our firm as soon as possible.
Consult a doctor as soon as possible. You may experience a time lapse between the accident and full awareness of the extent of your injuries. Certain damages may not be apparent until sometime after an accident. By not seeing a physician, you risk delaying your treatment and aggravating your injury. Even minor soreness can be an indication of a more serious injury. Therefore, if you believe there is any chance you may have been hurt, you should see a doctor right away. An insurance company may argue that the failure of a person to see a doctor right away indicates that an injury must have resulted from an unrelated event after the collision. The longer you wait to seek medical treatment, the harder it will be to connect the injuries to the accident. Be sure to notify a physician of any memory loss, headaches, blood or fluid in your ear, dizziness, ringing in your ears, disorientation, nausea, or confusion.
Later
Within a few days of the collision, record all important information, license numbers, and the year, make and color of all vehicles involved, and the details of the accident, including date, time, location, road conditions, traffic controls, and weather conditions. If you have not yet been in touch with an attorney, you should talk to a lawyer that has the experience, dedication and skill to maximize your compensation and minimize the frustration, delay and confusion that you may experience when you make an injury claim.
Note all of your losses, including medical bills, reasonable transportation costs having to do with the injuries, future medical treatment, lost wages, future loss of earnings, the effect on your family, and the effect on your life. An experienced attorney can help you identify all damages that may be connected to your accident. Call our firm right away.
If you have been hurt in an auto accident, contact our attorneys today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.
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Tennessee Auto Injury Lawyers
Some studies suggest that 1/3 to ˝ of all drivers have no insurance, completely disregarding Tennessee’s auto insurance requirements. These individuals either fail to, or cannot afford to pay for insurance, or they carry insufficient insurance. Uninsured motorist coverage is a form of insurance that pays for bodily injury resulting from an accident with a driver who is legally responsible for the damages but has no liability coverage. Underinsured motorist coverage pays for a bodily injury stemming from an accident with a driver who has liability insurance with limits that are lower than the injured party’s claim value. If you have been involved in an accident with an uninsured or underinsured driver, it is important that you consult with an attorney at an experienced personal injury law firm as soon as possible so you do not waive valuable legal rights.
Uninsured Motorists
Typically, uninsured motorist coverage protects injured parties if the at-fault party has no insurance. Uninsured motorist coverage can also be useful when someone is injured in an accident with an unidentified hit-and-run vehicle. If a person has uninsured motorist coverage and is in an accident with an uninsured motorist, he or she can collect from his or her insurance company to recover damages. If you are involved in an accident with an uninsured motorist, you should talk to an experienced personal injury attorney before you file a claim with your insurance company to ensure that you obtain all of the coverage available to you.
Underinsured Motorists
Underinsured motorist coverage provides compensation for injured parties when the at-fault party does not have enough insurance coverage to compensate the injured driver in full for his or her injuries. An “underinsured motorist” is generally a person who is liable for the damages, but who has opted to purchase only the minimum policy required by law. If a person who has purchased underinsured motorist coverage is in an accident with an underinsured motorist, he or she may be able to collect from his or her insurance company to recover damages that are greater than the liable party’s limits. There is never a negative outcome on your own coverage, either with higher rates, or being dropped from coverage.
Collecting benefits
In order to collect underinsured or uninsured motorist benefits, a person generally must first establish that the underinsured or uninsured driver was at fault and that he or she suffered significant damages. In the case of underinsured motorist benefits, the injured person must also collect the at-fault driver’s policy limits before collecting under his or her own insurance policy. An insurance company is usually entitled to a credit for any recovery received from the underinsured motorist’s policy.
Stacking Insurance Coverage
Uninsured and underinsured motorist protection is “stackable” in Tennessee. Stacking uninsured or underinsured motorist coverage may allow a person to add together either insurance coverage from several auto policies or insurance coverage from family members.
Conclusion
Uninsured and underinsured motorist coverage protects a person if someone who does not have adequate insurance harms him or her in a car accident. If you are in a collision with someone who is uninsured or underinsured, do not settle with the other driver’s insurance company without first contacting our law firm. Some underinsured motorist policies do not have to pay if the insured person has settled with the other driver’s insurance company without first obtaining consent to settle. This can be a very risky mistake. Ensure your rights, contact our firm today. A lawyer can provide you with the information and support you need to obtain the best result available to you.
If you have been hurt in an auto accident, please contact our lawyers today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully settle your case.
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