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If you’ve been injured as a passenger in a Nashville car accident, Tennessee law allows you to seek legal recourse. However, certain requirements must be fulfilled to proceed with a claim.
Our Nashville car accident attorneys are here to assist you in maximizing your compensation from the negligent driver or drivers involved. Contact us today for a free consultation. Our team is accessible 24/7 and dedicated to navigating you through the personal injury claims process.
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If you’re a passenger injured in a collision in Nashville, it’s crucial to consider various factors to ensure a clear understanding of your options.
Our team will address the types of passenger injuries you may have experienced during the car accident and guide you through the process of taking legal action.
If you were a passenger in a car accident in Nashville, you may find yourself in one of two situations:
In either case, it’s essential to understand Tennessee’s insurance requirements. Depending on the circumstances, compensation for your injuries may come from the driver of the vehicle you were in, the insurance company of the other driver(s), or your auto insurance provider.
In a passenger injury claim or car accident lawsuit in Nashville, an injured passenger can seek accountability from various parties for their injuries, including:
The driver of the car you were a passenger in: Regarding potential legal actions following an accident, the responsibility typically falls on the driver of the vehicle in which you were a passenger. While taking legal action against a member of your family or friend may feel uncomfortable, it’s essential to understand that in most cases, the driver’s insurance provider is responsible for your compensation, not the driver personally.
Remember that an insurance company might take advantage of your hesitation to file a lawsuit or claim against someone you know or use tactics to reduce or eliminate your claim. To ensure you receive fair compensation for medical expenses, lost income, or other damages, you may need to pursue an injury claim against the vehicle driver. Even if the driver is your spouse, pursuing a claim could provide indirect financial benefits, especially if they would otherwise be responsible for covering your medical bills or other expenses.
The other driver(s): If someone is determined to be at fault or shares responsibility for the accident that caused your injuries, they can also be pursued in a personal injury claim.
The vehicle owner(s): In Nashville, the responsibility for injuries sustained as a passenger in a collision can extend to the owner(s) of the vehicle, even if they were not present at the time of the accident.
Your own insurance: As a rule, Tennessee auto insurance policies have built-in coverage for uninsured (UI) and underinsured motorists (UIM). This means that if the responsible party fails to carry adequate insurance to address their negligent actions, you may have the opportunity to file a claim with your own insurance company to handle medical expenses and lost wages stemming from your injuries.
With more drivers involved in a crash, it can become increasingly complex to determine who to seek compensation from. An experienced Nashville personal injury lawyer can assist in ensuring that all parties responsible for your injuries are held accountable.
A third-party insurance claim is filed by an individual who has suffered injury or damage due to the actions of another party. In this scenario, the individual making the claim, referred to as the “third party,” is not the policyholder but is affected by the policyholder’s actions.
If the driver of the vehicle you were traveling in is found to be responsible for the accident in Nashville, you can start an insurance claim using their coverage. It’s worth noting that drivers have insurance to protect themselves and their passengers. This coverage can help with medical expenses, lost wages (up to the applicable limit), and other expenses stemming from your injuries.
For example, you were a passenger involved in a collision where the driver of the vehicle you were in caused the accident. This could be an accident with another vehicle, or a crash simply caused by the driver’s negligence alone. As a result, you sustained injuries such as whiplash and a fractured leg. In this situation, you could file a third-party insurance claim against the driver’s insurance policy to pursue compensation for your medical fees, lost wages, and any pain and suffering resulting from the accident.
The insurance company of the driver at fault, acting on behalf of the responsible party, would manage your claim as a third party. They would review the circumstances of the accident, evaluate the damages you sustained, and determine compensation based on their assessment and the coverage outlined in the driver’s insurance policy. Nashville personal injury lawyers can help injured victims navigate this process.
If you were injured as a passenger in Nashville due to an accident, and it was determined that another driver was at fault, your third-party insurance claims would be filed with the responsible driver’s insurance company. In situations where the vehicle you were in was rear-ended, typically placing the blame on the other driver, you could pursue a third-party claim with their insurance carrier. A Nashville personal injury lawyer can handle all communications with the insurance company on your behalf to ensure you recover the most money possible.
In Tennessee, the legal structure follows the “50 percent bar rule,” formally referred to as the modified comparative negligence rule. This means that if a driver is 50 percent or more at fault, they cannot recover any compensation for their damages. Percentage of fault will help determine which driver is responsible for compensating you as a passenger; however, determining fault, such as in a sideswipe accident, depends on the unique details of the incident. Collaborating with a seasoned Nashville car accident lawyer that can conduct an independent investigation into the crash on your behalf is crucial.
Tennessee is considered a “fault state,” meaning that if you are injured in a car accident and another driver is at fault, you may recover damages from them and their insurance company in a personal injury suit. In accidents like a T-bone collision, where passengers may experience more severe injuries, there are several instances where you may receive compensation and where a personal injury lawyer can help.
Damages that a passenger can seek after being injured in a crash:
Suppose you were injured in a head-on collision. You may be entitled to damages in two categories: economic, such as medical expenses and diminished earning capacity, and non-economic damages, such as emotional distress and reduced quality of life.
In the case of a wrongful death, Tennessee law states you only have one year from the time of your loved one’s death to file a wrongful death lawsuit. While it can be challenging to discuss a loved one’s death soon after an accident, it’s crucial to seek help from an attorney quickly so you don’t lose your right to recover compensation.
In Nashville, the personal injury lawyers at Hughes & Coleman can guide you through every step of the process from start to settlement. We’ll hold those responsible for your accident accountable, collect witness statements, confer with insurance adjusters, ensure you receive necessary medical treatment, and file your initial claim. Trust us to fight for the maximum compensation so you can prioritize your recovery.
After a collision in Nashville, passengers should take these important steps to safeguard their legal rights and pursue financial compensation.
At Hughes & Coleman, we commit to ensuring you receive the total compensation you’re entitled to from the insurance company. With more than 40 years of experience, our team has supported injured passengers impacted by negligent drivers in Nashville and across Tennessee. We’re here 24/7 to help you through this difficult time.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 800-800-4600.
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