Often times innocent victims of motor vehicle accidents are harmed twice; the at-fault person negligently causes serious injuries. What makes it worse is that the at-fault driver is also uninsured; or they may be insured but the driver did not have permission to drive the car and your claim is denied by the liability insurer. Where do you turn? If you have been involved in a motor vehicle accident that is not your fault while the at-fault driver is uninsured (or your claim denied due to a policy defense) you may be able to collect for your damages from your own insurance company under the policy that provides Uninsured Motorist coverage. Your claim is based on your insurance contract along with the facts of the negligence claim.
Another scenario where your uninsured motorist coverage may assist you in being made whole for your injuries is when the at-fault driver has a minimum coverage liability policy and you have uninsured motorist coverage on your policy with higher limits. In this scenario you may be able to recoup additional money to help pay for medical expenses, lost wages and for your pain and suffering. These claims are called “underinsured motorist” claims.
Uninsured motorist claims and Underinsured motorist claims have been successfully made in scenarios where the injured person is a pedestrian, riding a bicycle or even riding as a passenger in someone else’s motor vehicle.
Oftentimes this question is presented: “If I use my uninsured motorist coverage won’t my insurer cancel my insurance policy or raise my rates?” There is a statute in Tennessee that forbids a person’s insurer from raising rates or cancelling insurance for mere presentation of an uninsured motorist claim.
If you would like more information about these types of claims please call (615) 425-4400.