If you’ve been injured in a car accident, one of the first questions your lawyer will ask is whether or not the other driver was insured. This is important because the other driver’s insurance company is your best option in recovering damages in the case.
In Tennessee, all drivers are required by law to carry at least $25,000.00 in insurance. This insurance will pay for damages or injuries that you might cause in an accident. This is important because most people do not have enough money to pay for these types of damages. The car insurance policy provides a source of money that most drivers would not otherwise have. If you’re injured in an accident, or have property damage, the other driver’s insurance company is supposed to pay for your damages.
But what do you do when you’ve been injured in an accident and the other driver does not have insurance? There are still several ways that you could be compensated for your injuries and property damage.
You could sue the other driver to pay you directly.
The problem with this, as we’ve already stated, is that most people do not have that much money. You could go to court and get a judgment that the other person owes you money, but collecting it could be a problem. Even if the other driver owns a house or car, there could be liens or mortgages on the property already. The best you could hope for is to get a lien on the property, which means that, if the property is sold, you may get your money if there is enough after any other liens or mortgages are paid off.
Additionally, the other driver has certain debtor protection under the laws of Tennessee, federal debt collection, and through the bankruptcy code.
Finally, even if the other driver does have assets, he or she may take steps to hide or transfer those assets to other people. The process of undoing those transfers can take a long time and be expensive.
You could recover from your own uninsured motorist coverage.
Your insurance company likely offers protection against uninsured drivers. The problem is that, since this type of insurance is not required, you may not be covered or it may not be enough to cover the total cost of your damages. Check your policy to see if you have uninsured motorist coverage and talk to your agent about the cost.
You could sue a third party that may be at fault.
In some cases, there may be another party that contributed to the accident. Perhaps a warning sign was missing from the road or a police officer was recklessly chasing another driver. If someone else was also to blame for the accident, then you may be able to recover from the third party’s insurance provider. However, since the third party did not directly cause the accident, fault can be more difficult to prove.
Call today for a free consultation.
Though dealing with an uninsured driver is more complicated, it’s not impossible. An experienced car wreck lawyer will examine your case, help determine who was at fault, and advise you on your best options for recovering damages.
With more than 75 years combined experience and more than $45 million recovered for our clients, The Lawyers of Brown & Roberto are serious lawyers who know how to win. Our office is conveniently located in West Knoxville, with plenty of free parking. We’re happy to meet with you free of charge to discuss your case and answer any questions that you may have. Call (865) 691-2777 or use the convenient response form below.
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