Auto accident liability insurance companies, including those in Tennessee, have been in business for over a century. Over time the insurance companies have accumulated knowledge, experience, and resources giving the insurance company a significant advantage over those injured in auto accidents. While state-level insurance laws prohibit the insurance company from engaging in unlawful settlement practices, you may legally accept a “lowball” offer by accepting a single payment from the insurance company.

This advantage reduces the insurance company’s bottom line but unfairly places you between a “rock and a hard place.” For example: you may have additional medical bills, future lost wages, and other needs for which the insurance company did not consider when making your settlement offer. You can protect yourself against an unfavorable injury settlement by taking proactive steps, such as preserving evidence, understanding and applying the law correctly, following internal insurance policy rules, and following legal advice.

Here, Tennessee car accident attorney, Courtney Cotter, shares three steps for dealing with an insurance company after an injury that will ensure you receive adequate compensation for your injury claim.

1. First Gather ALL Evidence

Evidence is essential for your car accident injury claim as it can establish key facts such as liability, degree of negligence, severity of the injuries sustained, and financial losses. Applying the law to these facts can determine your settlement offer or outcome of civil litigation. At this stage, you most likely will not need to conduct a full investigation into the facts surrounding the accident unless you have sustained catastrophic injuries or a fatality.

Here is some evidence you should gather:

• 📸 Photos of the accident scene as well as photos of injuries

• 🚓 Police/accident report

• 📝 Witness information

• 🏥 Medical records and billing for treatment related to your injuries

• 🪪 Insurance information

• 🎥 Video evidence

• 💰 Lost wage documentation

All of the above mentioned can help increase the value of your personal injury claim. However, no accident is the same. As such you should speak to an experienced car accident attorney before filing a claim with your insurance company. An experienced car accident attorney can and will protect you from the tactics insurance companies use to lower your case value.

2. Understand How Civil Laws Affect Settlements

A combination of local, state, and federal laws from our contract, insurance, and civil system intricately work together when deciding the outcome of a personal injury claim, like a car accident. Improper applications or unintended legal errors can result in unfair, unjust, or unlawful outcomes.

Outlined below are three essential concepts from our civil system that affect car accident injury settlements:

1. Liability: Liability is defined as the state of being legally responsible for something. Tennessee follows an at-fault insurance system, the liable party will likely be insured, meaning an insurance company will be compensating you for the medical bills, lost wages, and pain and suffering caused from the insurance company’s insured.

2. Negligence: Tennessee is a comparative fault state, this means that if you are 50 percent or more at-fault for an accident you will NOT recover for your injuries. However, if you are 20 percent at-fault and the other party is 80 percent at-fault you will recover 80 percent of your damages.

3. Damages: Damages are the losses incurred such as financial loss, physical loss, and emotional loss to an injured victim or a wrongful death survivor. Evidence establishing damages will be used to show the total value of your claim.

3. Know Your Rights

Tennessee insurance laws afford you rights when pursuing a settlement. Here are some of the practices defined in T.C.A. § 56-8-104 as unfair trade practices in the business of insurance by any person:

1. Misrepresentation: Knowingly misrepresenting relevant facts or policy provisions relating to coverages at issue.

2. Failing to Communicate Promptly: Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;

3. Failing to Make a Decision Promptly: Insurers must decide the outcome of the claim within a reasonable time after conducting an investigation.

4. Not Making a Fair Offer: Insurers must pay a just and fair settlement when liability is absolutely clear.

You may also have the right to file a civil action against an insurance company for bad-faith. You will need to speak with an experienced Tennessee personal injury attorney to ensure your legal rights are protected as well as to ensure you receive a fair and just settlement for your injury claim.

Tennessee Laws Protect Car Accident Injury Victims

The claim process can be extremely overwhelming for those injured in car wrecks. Although the insurer may have processed thousands of injury claims this year, your case is unique. The insurance company will never admit to using your lack of knowledge and experience against you. However, insurance companies know their legal rights and obligations.

Instead of taking the insurance company’s settlement offer based on a “handshake and a smile,” turn to an experienced legal team, such as Cotter Law, if you live in Tennessee. You can get legal advice for your personal injury claim at no cost or obligation. Courtney Cotter would only recommend her services where she believes she can add value to your case objectives.

Free Case Evaluation: Get the Help You Want and Deserve

You are not responsible for paying medical bills, lost wages, and pain and suffering associated with the negligence of a third party. Get your FREE case evaluation by calling (865)888-7155, messaging us online, or filling out the box below. If you decide to hire us, we do not get paid unless you win your case!