Uninsured Motorist Claims

Although motorists are required to be insured in Tennessee, the state has the sixth-highest uninsured motorist rate in the country. In cases in which the defendant is insured only up to the bare minimum required, the liability coverage for a particular accident may be insufficient. At the Hartsoe Law Firm, Maryville car accident attorney Mark C. Hartsoe can help you seek compensation through an uninsured motorist claim.

The required minimum coverage under Tennessee law is $25,000 for bodily injury, $50,000 for bodily injury if more than one person is hurt, and $15,000 for damage to property. However, $25,000 is not likely to make a dent in the bills if catastrophic injuries are involved. And some Tennessee drivers do not even have that much. It is important to have an experienced lawyer like Mark Hartsoe help you identify potential sources of insurance coverage.

Every insurance policy issued in Tennessee is supposed to include uninsured motorist coverage in the same amount as the policy's limits for bodily injury and property damage, unless this is rejected by the policyholder in writing. Accordingly, if the other driver is uninsured or underinsured, you may be able to turn to your own policy. However, your own insurer may not be as helpful as you would hope when you bring an uninsured motorist claim.

In order for your uninsured motorist coverage to apply, the uninsured or underinsured driver needs to be found at fault. Moreover, your uninsured motorist payment may be reduced if you are found to have been partially or fully to blame. This means that you will need to establish the other driver's negligence, while your insurer may be trying to establish your comparative fault.

You may only collect damages in Tennessee if you were 49% or less at fault for the accident, and your compensation will be reduced by your percentage of fault. However, if you were 50% or more at fault, you will be barred from receiving compensation both from the uninsured or underinsured driver and your own uninsured motorist coverage. This rule may put a plaintiff at odds with their own insurer. Accordingly, it will be important to retain an attorney who can persuasively present your claim to the insurer and advocate for your uninsured motorist coverage to kick in as soon as possible and to the full extent.

After you contact Hartsoe Law Firm, you should give notice to your insurer if you believe that you may need to make an uninsured or underinsured motorist claim. The time limit to bring this claim is typically extremely limited, but it should be stated on your policy.

When you pay insurance premiums, you expect that you will receive the benefits when necessary. Unfortunately, insurers are sometimes more concerned with profits than with scrupulously and faithfully meeting their obligations to their insured. Maryville car accident lawyer Mark C. Hartsoe is ready to help if you are faced with having to bring an uninsured motorist claim. Contact the Hartsoe Law Firm at 865-804-1011 or through our online form to schedule a free appointment with a motor vehicle collision attorney. We represent victims throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.