Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a licensed attorney for guidance tailored to your situation.

Detailed Answer

1. Report the Collision and Gather Evidence

Immediately after the crash, call 911 and request a police report. Under Tennessee law, this official report carries weight when you present facts to an insurer. Take clear photos of vehicle damage, road conditions, your visible injuries, and any skid marks. Collect names and contact information for all witnesses on scene.

2. Provide Timely Notice to the Insurer

Tennessee Code Annotated § 56-7-105 requires insurers to investigate claims promptly and in good faith. To trigger that duty, you must notify the at-fault party’s insurer quickly. Send written notice—via certified mail—stating the date, time, location of the accident, and a brief summary of injuries.

3. Compile Medical Records and Bills

Liability hinges on proof of causation and damages. Obtain all emergency room records, imaging reports, physician notes, therapy bills, and prescription invoices. Organize them chronologically. A well-documented medical file shows the insurer you’re serious about your claim.

4. Demand Settlement with a Formal Letter

Once you finish initial treatment and know your prognosis, send a formal demand letter. Include:

• A summary of facts and evidence
• Copies of the police report and witness statements
• Itemized medical bills and statements of lost wages
• A clear dollar figure for compensation

This demand triggers the insurer’s obligation under TCA § 56-7-105 to act fairly and investigate promptly: TCA § 56-7-105.

5. Leverage Comparative Fault Principles

Tennessee follows a modified comparative fault rule. Under TCA § 29-34-101, you can recover damages as long as you’re less than 50% at fault. If the insurer attempts to shift blame, compare your evidence against theirs. Emphasize witness statements that support your version of events: TCA § 29-34-101.

6. Escalate When Negotiations Stall

If the insurer refuses reasonable liability, consider filing a lawsuit in Tennessee circuit or general sessions court. Once you file, the insurer must choose between paying your claim or defending a suit. Many insurers will accept liability rather than incur litigation costs.

7. Consider Professional Help

Though you can handle initial steps yourself, an experienced attorney knows how to draft demands, negotiate with adjusters, and, if needed, litigate. They’ll ensure you meet all procedural deadlines under Tenn. R. Civ. P. and local court rules.

Key Tennessee Statutes

• TCA § 56-7-105 – Duty of insurer to investigate and settle in good faith
• TCA § 29-34-101 – Comparative fault rule in negligence actions

Helpful Hints

• Keep all correspondence in writing and save certified mail receipts.
• Photograph every injury and revisit photos throughout your recovery.
• Retain copies of every medical bill and follow all treatment recommendations.
• Ask for a copy of the adjuster’s file if negotiations become contentious.
• Be prepared to initiate a lawsuit before the one-year statute of limitations expires.