How to Sue an Insurance Company after a Tennessee Auto Accident

By Thomas Greer | December 24, 2011

If you are the victim of a Tennessee car crash and it was not your fault, you have the legal right to file a lawsuit against the other driver but you generally cannot file against the insurance company directly. Instead you must sue the driver and/or owner of the at fault vehicle. Then the insurance company will step in to defend the lawsuit.  This type of lawsuit is typically filed when you have asked for compensation and either been denied or were offered too little to cover your pain and suffering, injury, lost wages, and even future income if you were permanently injured.

While most of us may be nervous about courts and lawsuits, sometimes they are the only way to get a fair settlement from insurance companies who want to pay the lowest amount possible. If you decide to file a lawsuit after your accident:

  • Find a good car accident attorney in your area and set up a consultation.
  • Do not settle with the insurance adjustors until you have spoken with an attorney or at least ordered our one of our free books, no matter how persuasive they may be or how tempting their offers.
  • Be sure you continue to receive medical treatment for injuries until you have reached “maximum medical improvement”, which means you have recovered as much as you can. However, you may have injuries that do not heal for a long time, or never heal.
  • A settlement demand letter will be drafted by your attorney and sent to the insurance company. This letter will ask for specific amounts of money and document your case.
  • After a negotiation period, if your attorney and the insurance company can’t reach an agreement, you may be advised to file a lawsuit.
  • After the lawsuit is filed, a period of time will elapse while the two sides collect and share information about your case. This is called “discovery.”
  • A settlement may be reached at this point, but if it isn’t, your case will continue to trial.
  • Your attorney will guide you throughout the process and represent you in court where a jury will hear and decide on your case.

A successful outcome of your Memphis personal injury case depends on the skill and expertise of your lawyer. At Bailey & Greer, we can promise hard work, personal attention, an expert knowledge of personal injury law and strong courtroom skills.

Call us at 901-680-9777 to get started with a winning Memphis car crash lawyer today.

Posted in Auto Accidents, Blog

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