If you’re involved in a car accident in Tennessee that’s not your fault, taking the right steps can protect your interests and help you manage the situation effectively. However, not everyone knows what to do in the aftermath of one of these traumatic experiences. Here’s a quick guide to help you know what steps to take.

A post-accident checklist

Following a crash, take each of these steps to protect yourself and others and to preserve your claim.

• Ensure safety: Check for injuries to yourself and others involved in the accident. Call 911 immediately if anyone is injured. Move vehicles to a safe area if possible to avoid blocking traffic and further accidents, but only if it’s safe to do so.
• Report the accident: Even if the accident seems minor, it’s important to have a police report for insurance and legal purposes. Tennessee law requires you to report any accident involving injury, death, or significant property damage.
• Exchange information: Obtain the names, addresses, phone numbers, driver’s license numbers, and insurance details from all drivers involved. Collect contact information from witnesses, as their accounts might be crucial if there are any disputes about the accident.
• Document the scene: Take photographs of the vehicles involved, their positions on the road, any visible damage, road conditions, traffic signs, and skid marks. Note the time, date, and location of the accident.
• Do not admit fault: Avoid discussing the accident details with other drivers beyond exchanging necessary information. Do not admit fault or liability, as this should be determined later by the police and insurance companies.
• Notify your insurance company: Report the accident to your insurance company as soon as possible. Provide them with relevant information and cooperate with their investigation, but do not admit fault.
• Seek medical attention: Visit a doctor even if you believe that you weren’t injured. Certain injuries, like whiplash, may not be apparent immediately after the accident.
• Keep detailed records: Maintain a file of all documents and records related to the accident, including medical reports, receipts for any expenses incurred due to the accident (like car rentals and repairs), and any correspondence with insurance companies.
• Consider legal advice: Consult with a personal injury attorney if the accident involves significant damage or injuries or if you face challenges in getting adequate compensation. An attorney can help navigate the complexities of insurance claims and legal proceedings.
• Follow up: Stay proactive in following up with your insurance company about the status of your claim. Ensure that you are fairly compensated for your damages and losses.

By following these steps, you can effectively manage the aftermath of a car accident in Tennessee and work towards receiving the compensation you deserve.

How is fault determined for an accident in Tennessee?

In Tennessee, fault for a car accident is determined using the modified comparative negligence system. Here’s how it works:

• Investigation and evidence gathering: The process starts with gathering evidence from the scene, including police reports, witness statements, photographs, video footage, and possibly expert testimonies from accident reconstruction specialists. This evidence is used to assess the actions of each driver relative to the accident.
• Assessment of fault: Each party’s actions are evaluated against traffic laws to determine if they contributed to the accident through negligence. Common forms of negligence include speeding, failing to yield, distracted driving, and violating other traffic laws.
• Comparative negligence rule: Tennessee follows the “modified comparative negligence” rule, where a party’s ability to collect damages is reduced by their percentage of fault, as long as they are not found to be 50% or more at fault. For example, if a driver is found 40% at fault in an accident, they can still recover 60% of their damages from other at-fault parties. However, if they are 50% or more at fault, they cannot recover any damages under Tennessee law.
• Insurance company role: Insurance adjusters play a significant role in determining fault based on their investigations. They review all available evidence and apply the comparative negligence rule to decide the claim’s outcome. Insurers often negotiate based on their assessment of fault, and disputes may be resolved through negotiation or mediation.

Understanding how fault is determined is crucial for resolving insurance claims and legal disputes, affecting damage calculations and compensation.

What if I don’t agree with the fault determination?

If you disagree with the fault determination, there are several steps you can take to challenge the decision and potentially adjust the fault assigned to you:

• Review the police report: Obtain a copy of the police report and check it for any inaccuracies or omissions. If you find errors, you can request a correction by providing evidence or additional information to support your claim.
• Gather additional evidence: Compile further evidence that supports your version of events. This could include more photos, videos, new witness statements, or expert testimony that wasn’t previously considered.
• Communicate with your insurance company: Present your additional evidence and explanations to your insurance company. Clearly explain why you believe the fault determination is incorrect. It can be helpful to write a formal letter detailing your concerns and asking for a re-evaluation of your case.
• Hire an independent adjuster: Consider hiring an independent adjuster to provide a second opinion on the damages and fault determination if your insurance company remains unmoved by your evidence.
• File a complaint: If you believe your insurance company is not handling your claim fairly, you can file a complaint with the Tennessee Department of Commerce and Insurance. They can investigate the practices of the insurance company.
• Seek legal advice: Consult with a personal injury attorney who specializes in car accident cases. An attorney can offer professional advice, represent your interests in communications or negotiations with insurance companies, and help prepare for litigation if necessary.
• Consider litigation: If negotiations fail, you can file a lawsuit against the insurance company or the other driver. This step should be taken based on your attorney’s recommendation if negotiations fail and you believe the law and evidence are on your side.

At Banks & Jones Attorneys at Law in Knoxville, we offer you practical and honest advice about your options so you can make informed decisions about your case. Call us or fill out our contact form to set up a free initial consultation today.