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After a car accident, you may be dealing with vehicle damage, medical appointments, and calls from an insurance adjuster, all while feeling unsure of your next step. Many people wonder what to report, what paperwork they will need, and how to tell whether a settlement offer is fair. Fortunately, you can equip yourself with the needed knowledge ahead of time or even right after an accident occurs.
Understanding the steps in filing a car insurance claim, from reporting the crash and documenting your losses to speaking with the adjuster and reviewing an offer, can help you feel informed and confident throughout the process. Learn what to expect at each stage and where to slow down before making a decision that could affect your claim.
Step 1: Get to Safety, Report the Crash, and Seek Medical Care
In the aftermath of a car accident, there are several steps to take to protect your physical well-being and preserve documentation for a claim:
- Move to a safe location: Move yourself away from the scene to a safe location before calling law enforcement to report the accident.
- Call law enforcement: Call 911 to report the incident and request any needed medical care for injuries.
- Document the crash scene: Take photos and videos of the scene, including injuries and damage.
- Gather witness details: Ask onlookers who witnessed the accident for contact information, including names, phone numbers, and email addresses.
- Seek prompt medical attention: Request an ambulance, go to the hospital, or schedule a doctor’s appointment depending on the severity of your injuries.
Step 2: Understand Tennessee’s Fault and Insurance Rules
Every state has its own laws regarding fault and insurance coverage after a car accident. In Tennessee, your claim could be impacted by a number of mandated rules, including the following:
- At-fault system basics: Tennessee is an at-fault state, meaning the driver who causes a car accident must pay the resulting medical bills and property damage.
- Modified comparative fault: Also known as the 50% Rule, victims can recover damages even if they are less than 50% responsible for an accident, but the amount is reduced by their share of responsibility.
- Minimum insurance requirements: Tennessee drivers must carry liability coverage of at least $25,000 per injured or deceased person, $50,000 per accident for injuries or deaths, and $15,000 per accident for property damage.
- Uninsured/underinsured motorist coverage: Insurance companies must include uninsured/underinsured motorist coverage in their policies, but drivers can opt out.
Step 3: Report the Accident and Communicate With Insurers
Filing a claim often means speaking with insurance adjusters. Report the accident promptly, but be careful about what you say or sign. A car accident lawyer can handle those conversations and help you seek a settlement that reflects your losses.
- Notify your insurer: Report the accident as soon as possible. Give an accurate account of what you know, and avoid guessing about details you are unsure of.
- Talk to a car accident lawyer: A lawyer can communicate with insurers, assess your damages, and negotiate on your behalf.
- Be careful with recorded statements: Before giving a recorded statement to the other driver’s insurer, speak with a lawyer. You may need to cooperate with your own insurer’s investigation.
- Review releases before signing: Ask a lawyer to review any release or settlement offer. Signing before you understand the extent of your injuries and losses could limit what you recover.
Step 4: Keep Track of Tennessee’s Lawsuit Filing Deadlines
Reporting a car accident to an insurer does not replace the deadline for filing a lawsuit. Tennessee has strict filing deadlines that must be followed.
- 1-Year statute of limitations: A car accident lawsuit seeking compensation for injuries must generally be filed within one year.
- Property damage exception: A claim for vehicle or property damage has a separate three-year filing deadline.
- Exceptions to the rule: A co-occurring criminal case may extend the filing deadline to two years.
Protect Your Rights: Speak With a Tennessee Car Accident Attorney Today
Dealing with the aftermath of a car wreck and handling insurance adjusters on your own can jeopardize your recovery. By hiring a Tennessee car accident lawyer, you protect yourself from lowball settlement offers, tricky recorded statements, and premature release forms designed to minimize your payout.
Our skilled attorneys can manage your entire insurance claim, protect your legal rights, and fight aggressively to secure the full compensation you deserve. We are backed by solid case results and positive client testimonials. Do not risk your financial recovery. Contact NST Law Injury Attorneys today at 731-427-5550 for a free consultation.
Car Insurance Claim FAQs
Can I File a Claim if the Driver Who Hit Me Fled the Scene?
Yes. Report the hit-and-run to law enforcement promptly and notify your insurer. Uninsured motorist coverage may apply if you have it, but Tennessee has additional requirements when the driver cannot be identified.
Can I Claim Diminished Value in Tennessee?
Diminished value is a reduction in your car’s market value after a crash, even after repairs. You may be able to recover a proven loss in value if repairs do not substantially restore the car’s value. Tennessee generally does not allow a separate diminished-value award on top of repair costs.
How Does MedPay Work With Health Insurance?
If you have MedPay, it can cover accident-related medical bills up to your policy limit, regardless of fault. Your health insurance may also cover treatment. Ask both insurers how they coordinate payments and whether either may seek reimbursement.
Will Filing a Car Insurance Claim Raise My Premiums?
Filing a claim does not automatically raise your insurance premiums. The effect depends on the claim and your insurer’s rates. Tennessee law prohibits an increase solely because your insurer paid an uninsured motorist claim.
