If you are involved in an automobile accident in the State of Tennessee, there are several things you should do at first. Go to the local emergency room. Even if you do not feel like the injury is serious, it may later turn out to be serious. Get a complete workup. If you have health insurance, turn everything into them. File a police report, then contact a local attorney and your insurance company. Instruct anyone that calls you that you are represented and to go through your attorney. If you are able, take pictures of the scene of the accident. If you are not, have someone else do it. Get the information from the other driver’s insurance policy, if they have one.
When you meet with your attorney, sign a HIPAA compliant release so that he or she can obtain your medical records. When you first meet with your attorney, bring all medical records, including, but not limited to medical testing, MRIs, CT scans, X-rays, ER notes, appointments with physicians, physical therapy, orthopedic devices and others.
There are statutes of limitations that can block your claim. Pursuant to TCA Section 28-3-104, you have 1 year to bring a claim for your personal injuries. The same is true if there is a wrongful death. There is a 3 year statute of limitations for property damage.
Tennessee is a modified comparative negligence state. Your liability must be less than 50% for you to recover from the other party. As an example, if the total damages are $200,000, and you are 20% at fault, then you can recover up to $160,000.
If someone was killed or property damages are over $1,500, then you have to report the accident in writing within 20 days to the Commissioner of Safety.
You have to carry car insurance. On very old cars, a lot of people carry liability only at the state minimum, which is $25,000 per person / $50,000 per accident. On newer cars, most people carry comprehensive, collision & liability. You can also usually obtain an umbrella policy for a low cost.
For questions on how things work out when there is not insurance or not enough insurance, consult with your attorney.
Should you need to contact an attorney, click on www.kjoneslawyers.com or call. Phone: (423) 424-6208.