Detailed Answer
When you sustain injuries in a Tennessee accident caused by another driver, you need the at-fault party’s insurer to accept liability so they pay your medical bills. Here’s how to make that happen under Tennessee law:
1. Gather Key Evidence
- Obtain the police crash report. It often lists the at-fault driver and describes how the collision happened.
- Collect photos of vehicle damage, road conditions, and visible injuries.
- Get witness statements and contact details. Independent accounts bolster your version of events.
- Keep copies of all medical records, treatment summaries, and bills from your healthcare providers.
2. Notify and File Your Claim Promptly
Send a written claim to the at-fault driver’s insurer as soon as possible. Include:
- A clear demand for payment of your medical expenses.
- Copies of the crash report, photos, medical records, and bills.
- A statement of your injuries, treatment plan, and prognosis.
Tennessee’s Unfair Claims Settlement Practices Act (Tenn. Code Ann. § 56-7-105) requires insurers to acknowledge a claim within 15 days and accept or deny it within 45 days. Tenn. Code Ann. § 56-7-105
3. Follow Up on Denials or Delays
If the insurer denies liability, request a detailed explanation in writing. Review their reasons and send additional evidence or a rebuttal letter addressing each point. Keep records of all communications.
4. Consider Filing a Lawsuit Before the Deadline
If the insurer refuses to accept liability, you can file suit in Tennessee court. The deadline (statute of limitations) for personal injury claims is one year from the date of the accident. Tenn. Code Ann. § 28-3-104
Helpful Hints
- Keep a detailed injury diary. Note pain levels, treatment dates, and how injuries affect daily life.
- Use certified mail for important documents. This creates proof of delivery.
- Don’t sign any release or waiver until you know the full extent of your medical needs.
- Respond quickly to any insurer request for additional information.
- Ask about mediation or appraisal clauses before filing suit. These processes can speed resolution.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for advice specific to your situation.