Sevierville Lawyers Explain Victims’ Options after an Accident with an Uninsured or Underinsured Truck Driver in Tennessee
Results-oriented counsel for clients in Gatlinburg, Seymour, and Pigeon Forge
Tennessee truck drivers and owners are required to have minimum liability insurance, which, in an accident, should cover a victim’s medical bills, lost wages, physical pain, and emotional suffering. While federal law mandates that commercial vehicles carry large insurance policies, many truck drivers fail to have any liability insurance or do not have enough insurance to cover all damages after a crash. If this happens, accident victims can demand payment from their own insurance company, but only if they have uninsured/underinsured coverage.
At Delius & McKenzie, PLLC, our Sevierville underinsured/underinsured motorist lawyers understand the Tennessee laws on liability insurance. When the people who caused your injuries or the death of a loved one fail to have appropriate insurance, we fight to get your own insurance company to pay the excess damages up to the underinsured/uninsured policy limits. If your company fails to negotiate in good faith, we then demand full payment over and above the policy limits.
What is underinsured motorist coverage?
Truck drivers and owners who are evading federal law may only carry the minimum amount of insurance that the state requires for noncommercial drivers. In Tennessee, according to the Department of Motor Vehicles, the minimum insurance requirements are:
- Bodily injury to just one person is $25,000 for wrongful death or injuries.
- Bodily injury to two or more people is $50,000 for wrongful death and injuries.
- Property damage is $10,000 for damage to your automobile, truck, motorcycle, or any property
If the liable truck driver or company does not have adequate insurance to cover these damages, we can help you.
Families who lose a loved one have the right to claim wrongful death compensation for:
- Funeral and burial expenses, which can run to $10,000 or more
- Loss of income between the date of the accident and death
- Pain and suffering between the accident date and death
- Lost income the deceased would have provided the family
- The loss of the love, society, and companionship the deceased would have provided the family
The value of all these items can be in the hundreds of thousands or even millions. Many victims suffer injuries that justify much more compensation than the minimum limits. Anyone who suffers a traumatic brain injury, spinal cord damage, paralysis, or serious permanent harm is likely to have more than $25,000 per person in just medical bills alone. Victims who suffer broken bones, bruises, or internal bleeding often endure substantial physical pain and emotional suffering. The combined medical bills, lost income, and physical pain are often worth much more than $25,000 or the insurance policy limits.
Our Sevierville truck accident lawyers fight to get you the maximum compensation to which you are owed.
Why uninsured motorist coverage is important
Many drivers and truck owners fail to have any insurance coverage, even though they are required by law to have the minimum. While drivers can be prosecuted for failure to have insurance and lose their license, the aim of our Sevierville truck insurance attorneys is to get economic justice for our clients. That means bringing claims against parties that do have insurance and are responsible for an accident.
However, if the liable party is not insured, it is important that you have uninsured/underinsured (UIM/UM) coverage under your own policy to protect yourself. We demand insurance carriers comply with their obligations to negotiate in good faith and pay all of the damages the victim or victims’ family deserves up to the insurance policy limits.
A key issue in uninsured/underinsured cases is who can claim the benefits. Typically family members and passengers in the car can make claims under the UIM/UM policy. Additionally, if you gave someone permission to use your car, they may be able to make a claim depending on the exact wording of the policy
Contact an experienced Sevierville lawyer after a truck accident with an uninsured and underinsured driver
If you or a loved one had been involved in a truck accident with an uninsured or underinsured driver, turn to Delius & McKenzie, PLLC today. We have the skills and resources to guide you through the legal process. Please call us at 865-428-8780 or use our contact form to schedule a free case evaluation with a Sevierville truck accident attorney. We proudly represent clients in Gatlinburg, Pigeon Forge, Seymour, and throughout Tennessee.