Who Pays for Rear-End Collisions?

Getting rear-ended is unfortunately something that many people in Tennessee have gone through or will go through. These accidents are sometimes minor, but they can be more severe than people realize. When that is the case, victims need to understand how they get their injuries and losses paid for. If you are confused or have any further questions, it is always a good idea to speak with a Tennessee personal injury lawyer.

The general presumption of fault – the rear driver is responsible for the accident

In Tennessee, the law generally holds the rear driver responsible in most rear-end collisions. That is because drivers are required to leave sufficient space to safely react and stop, thereby helping to prevent such accidents. However, while rear drivers are frequently found at fault for following too closely, liability depends on the specific facts of the accident.

When the front driver may share fault

While most people assume it is always the rear driver’s fault, there are situations in which the lead driver may share liability. Some examples include:

Sudden, unnecessary stop

If the vehicle in front comes to an unexpected, sudden stop, and that is why the accident happens, it is not necessarily going to be considered entirely the rear driver’s fault. All the evidence will need to be reviewed, and fault could be allocated between the parties.

Reversing unexpectedly

When a driver puts their car into reverse without warning on a road or at a stoplight, the drivers behind will not anticipate a sudden backward movement. These dangerous actions can put some or all of the fault on the lead driver.

Brake lights not functioning

Having broken or non-working brake lights puts everyone on the road at risk. Without those lights to alert following vehicles that you are slowing down or stopping, it is far easier for a rear-end accident to happen because the rear driver will not get a fair warning that the car in front of them is about to stop.

Road rage

In cases of road rage, such as abruptly cutting off another car or intentionally stopping short, the driver who commits these acts will likely be found at fault if there is evidence of this behavior.

Multi-vehicle chain reactions

In crashes involving multiple vehicles, the impact can travel from car to car due to the initial actions (or inactions) of those in front. Assigning blame can become more complicated in these cases.

While the rear driver is most often blamed, evidence in these types of situations can change the outcome.

How do you get paid after being rear-ended?

After a rear-end accident in Tennessee, your recovery often depends on understanding who pays what. Your claim may involve several insurance sources, and sometimes, a lawsuit is necessary to get full compensation.

Tennessee is a fault-based state

In Tennessee, the driver who caused the rear-end collision is legally responsible for covering injuries and damages. The at-fault driver’s car insurance will usually pay your medical bills, lost wages, and repair costs, at least up to their policy limits.

The minimum coverage drivers must carry in Tennessee is $25,000 for bodily injury per person, $50,000 total bodily injury per accident, and $25,000 for property damage. If your claim falls under these amounts and the facts are clear, their company should pay for your damages.

What if the at-fault driver is uninsured or underinsured?

If the driver who rear-ended you has no insurance or not enough to pay for your injuries and full losses, your own auto policy may cover the difference. Tennessee requires drivers to be offered uninsured/underinsured motorist (UM/UIM) coverage, but it is not a requirement to purchase it. If you have this type of coverage, it will help cover your costs when the other driver’s insurance company can not.

Medical payments (MedPay) coverage

MedPay is an optional extra coverage that many people add to their policies. If you have MedPay, it will cover your medical bills up to the limit you selected. This is a quicker way to get some of your expenses covered, which makes the situation a lot less stressful.

Personal injury lawsuits

Sometimes, insurance coverage from the at-fault party’s policy and your own policy just is not enough, especially for significant injuries or wrongful death cases. In these situations, you can file a personal injury lawsuit against the at-fault driver personally.

If successful, a judge may order payment for the full value of your losses, including pain and suffering, lost earnings, and long-term medical needs. This is an effective route if the defendant has assets and can actually pay you.

Determining which route to take and ensuring your losses are covered is essential for anyone dealing with damages after a rear-end accident. Your lawyer can guide you through the options and make sure you take the proper steps.

How long do you have to file a rear-end accident claim in Tennessee?

In Tennessee, you generally have just one year to file a personal injury claim after a rear-end accident. The clock starts running on the date of the crash in most cases. If you miss this one-year statute of limitations, you will likely lose the right to recover compensation. Property damage claims are typically subject to a three-year statute of limitations.

Contact Rocky McElhaney Law Firm: Car Accident & Injury Lawyers today

There are some rare exceptions that might extend or shorten the timeframe to file a claim in Tennessee, so do not wait too long to get legal support. Talk with a Tennessee personal injury lawyer as soon as possible after your accident. Rocky McElhaney Law Firm: Car Accident & Injury Lawyers are here to help. Contact us today to schedule your consultation and protect your rights to a fair recovery.