COVID-19 UPDATE: Rosenblum & Reisman is open. We will be offering confidential consultations via phone, e-mail, and video conferencing during this crisis. Read more from Founding Attorney, Jeff Rosenblum.

Proven.
Experienced Trial Attorneys

Filing an insurance claim after an accident

| Oct 7, 2020 | Blog, Car Accidents |

After being in a car crash in Tennessee, the involved drivers must deal with their insurance companies. It all comes from the fact that insurance companies are the ones who will be paying out benefits to someone, and they will first want to know who was at fault and how extensive the injuries were. Being for-profit companies, insurers typically need a lot of convincing before paying out the deserved amount in benefits.

No-fault and at-fault states

Most often, car crash victims will be interacting with more than one insurance company. They should be familiar with the various laws that govern the filing of a claim. Tennessee is an at-fault state, for instance, while others are no-fault states. In no-fault states, victims simply file with their own insurance company and receive what are called personal injury protection benefits.

No-fault states have a “serious injury” threshold, however, and victims whose losses exceed this threshold can file a third-party insurance claim. The next step, then, would be to understand the negligence laws. Tennessee recognizes the rule of comparative negligence, which means that victims who are partially at fault can still recover damages. The amount will be proportioned to that degree of fault, though.

Filing an injury claim with a lawyer

Like many victims of motor vehicle accidents, you may have suffered serious injuries and had your capacity to earn a living diminished. You may want a lawyer to take on your personal injury case because chances are that the insurance company will try to force you into a low-ball settlement. The lawyer may be able to negotiate on your behalf, presenting the evidence brought together by third parties like crash investigators and medical experts. As a last resort, you might take the case to court.