Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
In Tennessee, your auto policy separates property damage coverage from bodily injury coverage. You can pursue vehicle damage compensation through either your own insurer (collision or comprehensive) or the at-fault driver’s liability insurer. Follow these steps to keep the claims distinct:
1. Review Your Insurance Policy
Check your declarations page to identify these coverages:
- Collision Coverage: Pays to repair your car after an accident with another vehicle or object.
- Comprehensive Coverage: Covers non-collision damage (theft, vandalism, weather).
- Property Damage Liability: Pays others for damage you cause.
Note your deductible amount and coverage limits before filing a claim.
2. Notify Insurers Promptly
Report the accident to both your insurer and the at-fault driver’s insurer. Request separate claim numbers for property damage and bodily injury. This prevents one adjuster from combining assessments.
3. Document and Estimate Vehicle Damage
Gather supporting evidence:
- Photographs of all damage angles.
- Written repair estimates from licensed shops.
- Police report or incident number, if available.
4. Submit a Property Damage Claim
If you use your collision or comprehensive coverage, pay your deductible; your insurer may seek reimbursement from the at-fault party under Tennessee’s subrogation rules. See Tenn. Code Ann. § 56-7-1201 (insurance requirements) at www.capitol.tn.gov. If you pursue the at-fault driver’s liability insurer, send them your estimates and photo documentation. Always retain copies of correspondence.
5. Negotiate and Settle
The insurer will assign an adjuster to review your materials. Stay proactive:
- Follow up in writing if you don’t hear back within 14 days.
- Respond promptly to requests for additional information.
- Compare multiple repair shop estimates to support your claim value.
6. Consider Formal Remedies
If the insurer denies or undervalues your claim, you can:
- Invoke the appraisal clause in your policy.
- File suit in Tennessee small claims court (up to $25,000) under Tenn. Code Ann. § 29-18-104 at www.capitol.tn.gov.
- Pursue a civil action in general sessions or circuit court for amounts above the small claims limit.
Remember the four-year statute of limitations for property damage claims under Tenn. Code Ann. § 28-3-105.
Helpful Hints
- Take clear, timestamped photos immediately after the accident.
- Keep a dedicated file for estimates, invoices, and correspondence.
- Note all phone calls: date, time, whom you spoke with, and summary.
- Understand your deductible so you know your out-of-pocket cost.
- Verify the at-fault driver’s insurance policy limits before negotiating.
- Track deadlines: prompt notice to insurers and court filing dates.