If you have been involved or injured in a car accident in Tennessee, you may be wondering how you can recover financial compensation to pay for your medical expenses, property damage, lost income, and even pain and suffering. While injured parties must file a collision claim against the at-fault party, there are some states that require them to file a claim with their own insurer.
Tennessee is considered a “fault” state, which means the at-fault party or their insurer is liable for paying the injured party’s damages caused by the crash. The injured party can file a third-party claim with the at-fault driver’s insurer, file a claim with their own insurance company to—in turn—recover damages from the at-fault party, or file a personal injury lawsuit against the at-fault party.
However, there are cases where liability is shared between all drivers involved. Tennessee adheres to a “modified comparative negligence” law, meaning a plaintiff’s damages are reduced by their share of negligence.
For example, if you were injured in a car accident and a jury determines that you are 10 percent responsible for the accident, you can only recover 90 percent of your total damages. So, if your award was $100,000, you can only recover $90,000 of the final amount.
If you are at least 50 percent responsible or the collision, you cannot recover damages from other parties. Injured parties must file a car accident claim or personal injury lawsuit within one year of the date the crash occurred.
For more information about car accidents in Knoxville, contact Eldridge & Blakney today at (865) 544-2010 and schedule a free consultation.