If you have been critically injured in a car accident with an uninsured or underinsured motorist can be particularly difficult. In most motor vehicle accidents, all involved parties have the insurance coverage they need to cover at least a portion of the victim’s damages.
However, if the motorist responsible for causing your accident is underinsured or uninsured, you may be wondering how you can make them pay. Get help from an experienced Collierville personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi PLC. Schedule a free consultation today to learn more about what legal options may be available to you.
How Uninsured and Underinsured Motorists Cause Accidents in Collierville
Uninsured and underinsured motorists are some of the more common causes of car accidents in Collierville. Unfortunately, if someone is willing to operate a vehicle without having the necessary insurance coverage under the law, they may also be engaging in unsafe driving practices.
Tennessee law requires motorists to purchase a minimum of $50,000 per accident in bodily injury liability coverage and $15,000 per accident and property damage liability coverage. Although you are not required to purchase collision, comprehensive, under or uninsured motorist coverage, and other types of insurance, doing so could protect you if you are ever involved in an accident. Underinsured and uninsured motorists often cause collisions due to negligent driving. Some examples of negligent driving could include:
- Speeding
- Tailgating
- Driving through a stop sign
- Refusing to stop at a traffic light
- Aggressive driving
- Distracted driving
- Drowsy driving
- Impaired driving
These are just a few of the ways in which uninsured and underinsured motorists cause car accidents. In some instances, these drivers may not be responsible for causing the accident. This is particularly true in cases where vehicle defects or dangerous roads are responsible for causing the accident.
Your Legal Options After a Collision
After an accident involving an uninsured or underinsured driver, you may be wondering how you are going to recover the compensation you need to cover your costs and get through these tough times. There are several options that could be available to you, such as:
- Filing a claim with your own auto insurance provider if you thought to purchase personal injury protection (PIP) coverage
- Filing a civil lawsuit against the liable party or underinsured or uninsured motorist
- Filing a lawsuit with a liable party’s insurance company If the liable motorist was underinsured
You may only be able to file a claim with the motorist who is underinsured. If a motorist does not have any type of insurance coverage, you may not be able to file a claim with the insurance company unless you purchase your own PIP coverage. However, you may not want to file a claim with your own insurance company, as the insurer is likely to increase the amount of your premiums when your policy renews.
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What to Expect from the Insurance Company
If you do have the opportunity to file a claim with the insurance company, the liable motorist may not have sufficient coverage to meet your needs. If this happens, your Collierville uninsured and underinsured motorist claim attorney will negotiate with the insurer to obtain maximum compensation based on the limits of the underinsured motorist insurance policy.
However, if there are remaining damages, we will be prepared to pursue civil action against the underinsured or uninsured motorist so you can get the most out of your claim.
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Recover Your Damages in Full
You have the right to be repaid for all of the ways your life has been affected by your accident. It does not matter whether an uninsured or underinsured motorist failed to purchase insurance coverage. That does not change their liability for your damages.
Some of the more common kinds of motor vehicle accident damages sought after in an uninsured or underinsured motorist claim include:
Medical Expenses
One of the most important costs you are going to want to seek compensation for is your medical expenses. The cost of healthcare in Tennessee and across the United States is astronomically high. You do not want to get stuck with tens of thousands or hundreds of thousands of dollars in medical expenses when someone else is responsible for causing your injuries.
Some of the different types of medical expenses you could recover include:
- The cost of your future medical care
- Medical equipment costs, including the cost of prosthetic limbs, wheelchairs, hospital beds, and other medical devices
- Hospital bills and ambulance fees
- The costs of your prescription medications or other treatments
- Mental health counseling fees
Pain and Suffering
You also have the right to be compensated for your physical pain and suffering. This describes the ways your injuries have affected your life.
You may experience nightmares, insomnia, social isolation, and other signs of post-traumatic stress disorder (PTSD) or other emotional injuries. These should be taken into consideration when your uninsured and underinsured motorist claim attorney in Collierville is calculating the value of your claim.
Lost Income
Your lost income is also valuable. Not only can you seek compensation for the wages you were unable to earn while out of work, but if your earning capacity has been limited by your injuries, they should also be taken into account.
You could be compensated for your lack of retirement savings contributions, the loss of potential salary increases and bonuses, and the value of the money you would have earned in the future.
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Get in Touch with an Uninsured and Underinsured Motorist Claim Lawyer in Collierville
If you were seriously injured in a collision with an uninsured or underinsured driver, it is imperative that you have an experienced car accident attorney advocating for your right to maximum compensation. Reach out to a dedicated Collierville uninsured and underinsured motorist claim lawyer at Gatti, Keltner, Bienvenu & Montesi PLC for the legal guidance and support you need when you need it most.
Our firm proudly offers no-cost, risk-free consultations to individuals involved in collisions with uninsured and underinsured motorists across Collierville and surrounding cities. Claim your complimentary consultation by completing our convenient contact form or calling our office.