If you have been injured as a passenger in a car crash in Tennessee, you may feel uncertain about your rights and how to cover your expenses. Fortunately, you have legal avenues to pursue to obtain compensation. The specific path you take will depend on factors like who was driving your vehicle, the actions of other drivers, and the severity of your injuries.

Tennessee is a fault-based state, meaning the person who caused the crash is typically responsible for the damages. You can pursue a claim against the at-fault driver to recover compensation from their liability insurance. If your driver was a friend or family member who was at-fault, this can feel uncomfortable, but remember that your claim is ultimately against their insurance provider, not their personal finances. A standard Tennessee auto policy must carry bodily injury liability coverage of at least $25,000 per person and $50,000 per accident. Commercial vehicles like taxis often have higher limits, such as $100,000/$300,000. For rideshare services like Uber and Lyft, Tennessee law requires them to maintain a $1 million commercial liability policy that applies when a passenger is being transported.

You can also file a third-party claim against any other driver involved in the accident. The damages you can recover will be divided between your driver and others based on their assigned percentages of fault. If an at-fault driver lacks adequate liability insurance to cover your medical costs, lost wages, and pain and suffering, permanent injury, your own uninsured/underinsured motorist (UM/UIM) coverage can provide crucial protection. Insurers are required to offer this coverage in Tennessee, unless you opt out of it.

Note that you generally have only one year from the date of the crash to file a personal injury lawsuit in Tennessee. Missing this deadline, known as the statute of limitations, almost always means forfeiting your right to sue. An experienced Tennessee auto accident attorney can evaluate your case, help you identify all responsible parties, and take the necessary steps to pursue the fair compensation you deserve.

Medical Payments coverage, or MedPay, is a different type of insurance coverage available regardless of who was to blame. If the driver of the car you were in has this coverage, it will help pay for your medical expenses up to the policy's dollar limit, usually $5,000 to $10,000. These benefits can be applied to pay for emergency room visits, ambulance fees, surgery and rehabilitation. MedPay can also help with your own health insurance deductibles or co-pays. If your driver doesn't have MedPay, you may be able to access these same benefits through your own policy. But note that these benefits must be reimbursed under Tennessee policies if you recover from liability coverage.

Massengill, Caldwell & Coughlin, PC in Bristol has represented auto accident victims in Upper East Tennessee and Southwest Virginia since 1909. To find out how we can help you, call us today at 423-797-6022 or contact us online and we’ll schedule a free initial consultation.