If you get into a car accident, it’s important to know if you live in an at-fault state or a no-fault state. Tennessee is an at-fault state, so the person who caused the accident will have to pay for the damages. However, the situation could change if a judge determines that both drivers were partially responsible.
What is an at-fault state?
When you live in a no-fault state, you don’t have to prove that the other driver caused the accident to get a settlement. In an at-fault state like Tennessee, a judge will decide which driver is at least 50% responsible for the accident. That person has to pay damages to the other party through their insurance company. If they don’t have insurance, the other driver could hire a personal injury attorney and file a lawsuit.
To prove that the other driver caused the accident, you’ll need to find solid evidence. This could include witness statements, police reports, surveillance camera footage and medical documentation of your personal injury. Depending on the situation, the judge might rule that you share some responsibility for the accident. However, you can still claim a settlement if the judge rules that you’re less than 50% responsible.
What if the other party claims that you caused the accident? Your insurance company might have to pay out if a judge rules that you were responsible. However, the judge could also rule that the other driver was equally at fault or even more responsible for the accident. Either way, it’s important to avoid admitting fault and get ahold of an attorney as soon as possible.
What if the other driver doesn’t have insurance?
In the state of Tennessee, it’s illegal to drive without some form of car insurance. Unfortunately, that doesn’t stop some people. If the other driver didn’t have insurance, you might have no choice but to file a lawsuit.
An attorney could help you file a lawsuit and collect damages directly from the other party. Keep in mind that personal injury lawsuits have a statute of limitations. If you want to file a lawsuit, you’ll have to do so within a year of the accident.