Personal injury protection (PIP for short) is a type of insurance coverage that can pay for medical bills, lost wages, and other costs related to an auto accident – whether or not you were at fault for the crash. PIP coverage helps compensate car crash victims through their own insurance policies with minimal delay. In states that require PIP coverage, the primary goals are to pay accident victims efficiently and avoid the need for a personal injury lawsuit after a car accident.
One benefit of PIP coverage is that it can help cover medical costs, not just for the policyholder but also for passengers in a vehicle covered under the policy. In many no-fault insurance coverage states, drivers are required to carry PIP coverage.
Is Tennessee a No-Fault State for Car Insurance?
Each state within the United States chooses the types of insurance coverage their drivers must carry. Some states are at-fault states, while others apply a no-fault insurance rule.
Tennessee is a fault state for auto insurance coverage purposes. This means Tennessee drivers are not required to carry personal injury protection (PIP) coverage.
Since Tennessee is a fault state, if you are injured in a car accident in Tennessee due to another driver’s negligence, you can recover damages from the other driver and their insurance company through a personal injury lawsuit. You would not be limited by PIP coverage terms or no-fault insurance laws. In a fault state, proving the other driver’s liability becomes one of the most important issues in a car accident lawsuit.
What Does Personal Injury Protection (PIP) Insurance Cover?
PIP insurance can cover certain expenses for policyholders and their passengers after an accident.
Some covered costs include:
- Medical expenses
- Lost wages
- Funeral costs (for a wrongful death claim)
- Out-of-pocket expenses
An experienced personal injury attorney can help you understand your PIP coverage in a state where it applies.
How Do Tennessee Drivers Cover Their Costs Without PIP Coverage After a Car Accident?
To collect damages in a Tennessee car accident claim, you will need to prove the other driver was at fault for the accident. Typically, this means showing the other driver at least 50% responsible for causing the crash. In a personal injury claim, your lawyer must establish that the other driver had a duty of care to other drivers, and their failure to follow that duty caused your damages.
One exception to this requirement in Tennessee is a policy provision known as medical payments coverage. Your liability insurance policy may have a medical payments coverage provision that will pay your medical expenses no matter who was at fault. Policy limits for this coverage are typically $5,000 to $10,000 per person, but it can reach up to $25,000.
Any medical expenses – especially those not covered by insurance – can be claimed as economic damages in a Tennessee personal injury claim. An experienced Nashville car accident lawyer will know how to seek reimbursement for all of your costs to the maximum extent possible.
Pros and Cons of At-Fault Insurance in Tennessee
Supporters of at-fault insurance believe this structure allows accident victims to freely pursue the damages they deserve without limitation by PIP coverage. Caps on coverage through a Personal Injury Protection policy can leave car accident victims searching elsewhere to cover their full costs after a crash. PIP coverage is also said to cause higher insurance premiums in states that require the coverage.
One of the drawbacks of at-fault coverage includes the need to prove the other driver’s liability after a car accident. Tennessee follows a modified comparative negligence rule, which means that if you were 50% or more at fault for the accident, you would be paid nothing.
If the other party was at least 50% responsible but you shared liability, your damages would be reduced by your percentage of fault. For example, if you would be entitled to $100,000 but were 20% at fault, you would then receive $80,000.
A Nashville Car Accident Lawyer Can Help After a Car Accident
If you were hurt in any way after a car crash, you could be entitled to monetary damages. Your personal coverage will be affected by the type of insurance you carry, where you live, and whether you carry PIP coverage. Reach out to a Nashville car accident today for a free consultation.
Our legal team at Labrum Law Firm Personal Injury Lawyers are here to help. Contact us today or call at (615) 685-8546 to schedule a free case evaluation with an experienced Nashville personal injury attorney. We will fight to get you the maximum compensation for your personal injury case.
