Although insurance companies are continuously scrutinized for failing to pay a claimant what they are entitled to after a car wreck, the reality is, companies are only obligated to pay you up to the policy limits you have purchased given the accident has resulted in that much damage. For example, if you purchased $15,000 worth of collision coverage but you find out that your accident is worth $20,000, your insurer won’t be paying you the additional $5,000 you need to cover all your losses or expenses.
And if you didn’t purchase any collision coverage at all as the State of Tennessee does not require you to do so, you may not receive anything depending on the circumstances surrounding the accident.
So, what is a car wreck victim to do when they don’t have enough insurance coverage to pay for their damages?
Well, it all depends on who was involved in the crash and what factors played a role in causing it to occur. If the other driver who hit you and was found at fault for causing the accident, then you should be able to recover compensation from their insurer as the State of TN requires all drivers to carry the following limits of liability coverage:
- $25,000 for each injury or death per accident.
- $50,000 for total injuries or deaths per accident.
- $15,000 for property damage per accident.
Therefore, you may be able to recover funds from their insurer for property damage and medical bills, and anything their policy won’t pay, you might be able to recoup from your insurer. Now, there are other ways you can go about recovering compensation for your damages after an accident has happened (i.e. filing a lawsuit) but you must keep in mind that you will need a Nashville, TN car wreck lawyer who has experience with handling these types of cases to guide you through the lawsuit process.
Important: If the other driver does not have enough insurance coverage to pay for all of your damages and you did not purchase the proper type of coverage (i.e. collision insurance), you shouldn’t accept any amount of money from the insurer until you have contacted the Law Office of George R. Fusner Jr. Generally, once you accept any amount of money from the insurance company, this settles the case and bars you from filing suit against the driver. That is one reason why we always recommend you consult with Nashville car wreck lawyer George R. Fusner Jr. before accepting any amount of money from the insurer or signing any type of agreement as you could be revoking your right to sue.
Now, if you find that you are unable to recover enough compensation for your damages between your insurance policy and that of the other driver and you haven’t accepted any settlement agreement, you might consider filing a civil lawsuit in Davidson County. When you choose to sue, it is also important that you take into account whether the person you are filing a lawsuit against will be able to pay you now or in the future. The fact is, if the party you are suing can prove they are facing extenuating circumstances and cannot afford to pay, you might be forced to wait until they come into some money or they are no longer facing a financial hardship.
How do I initiate the lawsuit process after engaging in a wreck in Nashville with another driver?
If you think filing a lawsuit in an effort to recover damages is the right step for you to take or you aren’t sure, we suggest you contact our office to discuss the matter with a skilled TN car wreck attorney. There is more to filing a lawsuit than just submitting documentation to the court indicating you are requesting money from another party. Not only will you be required to gather proof to support your claim but you will also be expected to meet certain deadlines that have been established by the court once your lawsuit has been filed.
In the event you believe you are entitled more money than what your insurer has offered you or you do not have enough coverage and are considering suing the party you engaged in a wreck with for money, it is time you schedule a free initial consultation with Nashville, TN accident attorney George R. Fusner Jr. Our office has helped many clients just like you recover the compensation they need to help pay their medical bills, lost wages, etc. and we would be more than happy to assist you as well.
You can reach the Law Office of George R. Fusner Jr. at
7104 Peach Court
Brentwood, TN 37027