Can I Sue The Other Driver’s Insurance Company?

I live in Tennessee and was hurt two weeks ago in a wreck in Murfreesboro, TN.  The wreck was not my fault.  My medical bills are $7000 but I still am being treated by my doctor and may need to have an operation on my shoulder.  I was hurt  in a wreck when I used to live in Wisconsin and sued the insurance company to recover my medical expenses and other damages.  Can I do that in Tennessee?

Not really.  Wisconsin and at least one other state have laws that permit an injured person to directly sue the liability insurance company of the at-fault driver.  Tennessee is not one of those states.

 In Tennessee, if you are unable to reach a settlement in the case you have to sue the at-fault driver.  The at-fault driver’s insurance company will hire a lawyer to defend the driver and, if you prove your case, will pay the amount your damages up to the amount of the insurance coverage the driver purchased.

In the event the at-fault driver does not have sufficient insurance coverage to pay all of your damages, you can make a claim against your own automobile insurance coverage under your "uninsured / under-insured motorist coverage (UM / UIM).   You can collect from your own insurance company if your UM / UIM coverage exceeds the amount of liability insurance coverage of the at-fault driver.   Making a claim on your UM / UIM coverage will not affect your insurance rates.  You should make the claim against your UM / UIM insurance at the same time you are making a claim against the at-fault driver.

An experienced lawyer who represents people injured in automobile and truck cases can help guide you through this process and protect your rights.  Click here to learn how to select such a lawyer.