Following a car accident in Tennessee,
the process for resolving a claim only for damage to your vehicle from the
at-fault driver takes less time as compared with a personal injury claim.
However, how soon a vehicle accident claim may get resolved depends on various
factors. You will need a Nashville, TN accident lawyer for this process.
We know it is no fun to have a messed up
car. Even people who believe their car is just another tool and have no
affinity to their car at all are not happy when something they spend time with
every day is no longer operational. You need your fixed or you need another
one. It is that simple. But first you should click right here. Why? Because your situation will not
turn out well if you do not find legal help soon.
Know
Your State
For the most part, Tennessee is a
‘fault’ state where the at-fault party is required to pay for losses resulting
from a crash. People injured in a car accident can file a claim with their own
insurance carrier or choose to file a third party car insurance claim with the
at-fault driver’s insurance company. In addition, they have the option to seek
compensation from the at-fault driver by filing a personal injury lawsuit. In
some cases, the injured party may try all of these options.
Settlement
Prior to a Lawsuit
Most accident claims are resolved
through the insurance process and don’t reach court if the drivers involved in
the accident and their car insurance providers agree about who was at fault,
the extent of vehicle damage, and the costs involved in repairs and
replacements. The parties involved would also agree that there were no
pre-existing damage to the vehicle.
In such a situation a claim can be
resolved with the first three months following the accident where the insurance
provider will pay for the repairs or replacement of the vehicle and the vehicle
owner signs a release. However, the process may take longer if the at-fault
driver’s insurance coverage is not adequate. Tennessee accident lawyers will be
involved every step of the way if your accident story arc goes this way.
The
Discovery and Motions Process
In the event of a lawsuit being filed
the parties involved in the accident will need to adhere to specific timelines
to collect evidence, known as the ‘discovery’ phase. During this period, both
parties will present their sworn testimonies while witnesses, if any, are
require to give their deposition.
Any issues that are disputed are
highlighted during this period, which in effect will determine how the accident
took place and the extent of damage that occurred. If it transpires during this
stage that the plaintiff was speeding, cut lanes or ran a stoplight, the
plaintiff may be held liable or share the fault or any damages.
"Modified
Comparative Fault" Rule
It is paramount to understand that
Tennessee has adopted the ‘modified comparative fault’ rule where compensation
is awarded based on the percentage of which each driver was at fault in the
accident. This is set in stone, there is nothing your Nashville, TN accident
lawyer can do to change this but there are other things they can do to help you
out. For example and moreover, if the total damages were $10,000 and the
plaintiff is found to be 30% at fault for causing the crash, he/she would
receive only 70% of the total damages.
The
Mediation Process
Once the discovery is completed most
courts schedule a mediation process to encourage both parties to settle through
an arbitrator or a mediator. The mediator, for instance, can help determine if
the plaintiff was partially at fault and whether the damage caused was actually
due to the accident, in addition to other issues.
Most damage claims end up in a small
claims court, where the process of disposing cases is quicker than a civil
lawsuit. If the dispute isn’t resolved the plaintiff can approach a regular
civil court. However, this is usually the case in accidents involving injuries.
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If you are involved in a car accident,
it would be sagacious and wise to speak with a winning and confident Tennessee
accident lawyer to evaluate your case and the prospects of receiving a fair
settlement whether you choose to settle or take your case to court.
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