Nashville Auto Accident Lawyer Warns: Insurance Companies Aren't On Your Side

If you've been in a car accident in Nashville, TN, you may be wondering how to handle insurance companies and whether you need a lawyer. Dealing with insurance companies can be complex and intimidating, and they may try to exploit you by offering a low settlement or denying your claim.

That's where a Nashville car accident lawyer comes in. They can help you navigate the complex process of filing a claim, protect your rights, and negotiate with insurance companies to get you the compensation you deserve. Nashville car accident lawyers have experience dealing with insurance companies and can handle all communications with them on your behalf. They will work to ensure you receive a fair settlement that covers the full extent of your damages, including medical expenses, lost wages, vehicle repairs, and pain and suffering.

It's important to act quickly, as Tennessee has a statute of limitations of one year from the date of the accident to file a claim. Contacting a lawyer early on is crucial, as they can help with evidence gathering and witness interviews while the details are still fresh.

Don't try to face insurance companies alone. Let a Nashville car accident lawyer fight for your rights and get you the compensation you deserve.

Dealing with insurance companies

• Gather evidence: Take pictures, make notes, obtain witness statements, and document every aspect of the accident. This will help you prove fault and pursue the full value of your claim.
• Keep strict records: Maintain records of all accident-related transactions and communications with your insurance company. Keep copies of medical records, repair estimates, the police report, and any other relevant documentation.
• Communicate carefully: Be careful about what you say to your insurance company or its adjuster when filing a claim. Do not admit fault or make accusations. Provide the facts of the accident and refer any other questions to your attorney.
• Be wary of signing documents: Insurance companies may ask you to make a statement or sign documents that could limit your legal rights. Always have an attorney review any documents or settlement offers before signing.
• Retain legal counsel: Consider hiring an experienced personal injury attorney to help you deal with the insurance company. An attorney can review settlement offers, negotiate on your behalf, and protect your rights.
• Document damages: Take pictures of any damage to your car, the other vehicles involved, and any property involved. If possible, take photos of any injuries sustained during the accident.
• Contact the police: It is important to never leave the scene of an accident. Wait for the police to arrive and provide them with accurate information. Do not admit fault to the other driver or the police.
• Gather information: Obtain the other driver's name, address, phone number, insurance information, driver's license number, and license plate number.
• Have your doctor bill your insurance: If you have private insurance, ensure that your medical bills are sent directly to your insurance company. Do not wait until you receive a settlement, as this could result in lower payouts.
• Rent a reasonable vehicle: Insurance companies may try to exclude rental reimbursements. Choosing a reasonable rental vehicle and understanding your local prompt-payment laws can help you maximize your reimbursement.
• Be careful with recorded statements: Insurance adjusters may ask to record your statement, but this is often done to gather information that can be used to reduce the value of your claim. You have the right to seek legal counsel before providing a recorded statement.
• Know the cost of repairs: Get multiple estimates from trusted auto shops or mechanics to understand the proper price of repairs or replacement for your vehicle. This will help you negotiate a fair settlement.
• Understand the betterment argument: Insurance companies may argue that repairs have increased the value of your vehicle and may try to charge you for the increased value or reduce your payout. You can refute this argument by providing a mechanic's testimony or other evidence.

Remember, it is important to seek legal assistance if you feel that an insurance company is acting in bad faith or not offering a fair settlement. An experienced personal injury lawyer can help you navigate the complex world of insurance and ensure that your rights are protected.

What to do after a car accident

Being in a car accident can be a traumatic experience, and it's important to know what to do to ensure your safety and wellbeing, as well as protect your rights. Here are some steps to follow if you've been in a car accident:

Stop and Assess the Situation

If you're involved in an accident, it's crucial to remain at the scene. Try to move your vehicle out of the way of traffic if possible, being mindful of the possibility of fire. Check on the other driver(s) and passengers, and call for emergency services if anyone is injured. Make sure to call the police, especially if the accident is blocking traffic or involves multiple vehicles.

Exchange Information

It's important to exchange information with the other driver(s). Get their name, address, contact details, driver's license number, license plate number, and insurance information. Also, take note of the make, model, and body style of the vehicle(s), as well as the Vehicle Identification Number (VIN) and a description of the damage.

Document the Scene

Take photographs of the accident scene, including the vehicles involved, their license plates, and any visible damage. Get pictures of street signs and road conditions as well. If there are witnesses, ask for their names and contact information. Write down details such as the location, time, and weather conditions at the time of the accident.

Contact a Lawyer

Consider contacting an experienced car accident lawyer, especially if there are injuries or disputes over fault. A lawyer can help protect your rights, deal with insurance companies, and ensure you receive fair compensation for any damages or injuries.

Report the Accident

Report the accident to your insurance company promptly. Depending on the state, you may also need to report it to the relevant department of transportation within a certain timeframe, especially if there are injuries, fatalities, or significant property damage. Don't agree to requests from other drivers not to report the accident, as it could lead to legal consequences.

Seek Medical Attention

Even if you don't feel injured, it's important to get checked by a medical professional. Some injuries may not be immediately apparent, and seeking medical attention can help ensure your well-being and provide documentation of any injuries for insurance and legal purposes.

Avoid Admitting Fault

Refrain from apologizing or admitting fault to anyone, including the other driver(s) or insurance companies. Any admission of fault can potentially be used against you and impact your claim. Be cautious when discussing the accident, especially on social media, and avoid making recorded statements to insurance companies without legal advice.

How to file an insurance claim

If you've been in a car accident, it's important to remain calm and follow these steps to file an insurance claim:

Step 1: Call the Police

If necessary, call 911 and get help. It's not always necessary to have a police report to make an insurance claim, but it can be useful. A police report will provide valuable information that will make the insurance claim process easier.

Step 2: Document Everything and Exchange Information

Gather as much information as possible from the scene of the accident and from all parties involved. Get the name, address, phone number, driver's license, and insurance information from the other driver(s). Take photos of the accident from all angles, including the vehicles involved and any injuries you may have sustained. If there are witnesses, collect their contact information as well.

Step 3: Contact Your Insurance Company

Get in touch with your insurance company as soon as possible, even if you're not sure if your policy covers the specific incident. Ask them what you'll need to file your claim. Your insurance agent will guide you through the process and provide direction. Find out who you need to report your claim to, how long you have to file, and what information you'll need to provide.

Step 4: File Your Insurance Claim

Most insurance companies allow you to file a claim online, through a mobile app, by phone, or by filling out a claims form and sending it via email or fax. Provide the necessary details, such as the location, date, and time of the accident, as well as the contact and insurance information of all involved parties. You may also need to provide photos of the damage and copies of any police reports.

Step 5: Work with an Insurance Adjuster

After filing your claim, the insurance company may send an adjuster to investigate the accident and assess the damage. The adjuster will determine the cause of the accident and recommend the amount the insurance company should pay for the loss. Be honest and thorough when providing information to the adjuster.

Step 6: Repair or Replace Your Car

If your claim is approved, your insurer will issue a payment to you or the repair shop, minus your deductible. If your car is totaled, your insurer will cut you a check for the value of the vehicle, minus your deductible. You have the freedom to choose which shop handles the repairs.

It's important to note that you may not always need to file an insurance claim, especially if the damages are less than your deductible. Filing a claim may also result in increased insurance premiums or even the cancellation of your policy under certain circumstances. Consider the severity of the accident and the potential costs before deciding to file a claim.

How does car insurance work when you're not at fault?

If you are in a car accident that is not your fault, the first thing to do is talk to the at-fault driver's insurance company and inform your own insurance company about the accident. It is important to get the other driver's name, address, insurance company name and policy information, as well as statements and contact information from witnesses. Taking photos of the accident scene is also helpful.

In most states, the at-fault driver's insurance should cover your medical expenses and damage to your car and other items, but in "no-fault states", each driver's insurance provider covers their own medical bills. No-fault states include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

If the at-fault driver does not have insurance, you can file a claim with your own uninsured motorist insurance, if you have it. If the at-fault driver's insurance limits are too low, your underinsured motorist coverage may also be used.

It is always advisable to report an accident to your insurance company, even if it was not your fault, as this can provide timely assistance, coverage access, and an efficient claims process. Your insurance company may also pursue reimbursement from the at-fault party on your behalf.

How do insurance companies pay out claims?

Dealing with insurance companies can be complex and intimidating, and it's important to understand how the claims process works. Here's a detailed guide on how insurance companies typically pay out claims:

The Claims Process:

• Filing a Claim: The first step is to file a claim with the insurance company, which can often be done online, through an app, or over the phone. This involves providing information such as the date of loss, police report (if applicable), receipts for damaged property, and medical bills.
• Documenting Damage: It's crucial to properly document any damage by taking photos or videos as proof to submit along with the claim. For car accidents, take pictures before moving the vehicles if it's safe to do so.
• Adjuster Inspection: After filing a claim, the insurance company will send an adjuster to evaluate the damage. The adjuster will inspect the site, review the policy, and determine how much the insurance company will pay out.
• Settlement Offer: The insurance company will make a settlement offer based on the adjuster's report. It's important to carefully review this offer, as accepting it will close the claim. If you're not satisfied, you can dispute the claim and request a second review or hire a public adjuster or attorney.
• Receiving Payment: Once the settlement is agreed upon, the insurance company will issue a payment, usually in the form of a check. For larger claims, multiple checks may be issued throughout the repair process.

Factors Affecting Payout:

• Policy Coverage: The insurance company will only pay for damages or losses covered by the policy. It's important to review your policy to understand what is and isn't covered before filing a claim.
• Deductible: The policyholder must pay a deductible (if applicable) before receiving the settlement payment.
• Type of Claim: The payment process and amount can vary depending on the type of claim (e.g., car insurance, homeowners insurance, health insurance).
• Claim Amount: Smaller claims are typically processed faster and are more straightforward, resulting in a quicker settlement. Larger claims may involve multiple checks and a longer repair process.
• Ownership and Lenders: If there is a loan or lender involved, such as a mortgage on a house or a loan on a vehicle, the insurance check may be made out to both the policyholder and the lender.
• Actual Cash Value vs. Replacement Cost: For homeowners insurance, the payout may be based on the actual cash value of the damage, considering the age and condition of the property, or the replacement cost, which covers the cost of rebuilding or repairing with similar materials.
• Additional Living Expenses (ALE): If your home becomes uninhabitable due to damage, you may receive separate checks for ALE to cover expenses like hotels, car rentals, and meals.

When to Hire a Lawyer:

It's important to consider hiring a lawyer if you believe the insurance company is acting in bad faith, not offering a fair settlement, or challenging your claim. A lawyer can negotiate on your behalf, protect your rights, and ensure you receive fair compensation.

Frequently asked questions