What Should Motorcyclists Know About Insurance Coverage After an Accident?
Motorcycle accidents can lead to serious injuries, costly repairs, and intricate legal issues. For motorcyclists in Tennessee, understanding your rights and responsibilities concerning insurance coverage is critical.
Understanding insurance coverage after a motorcycle accident is important for those experiencing losses. Wykoff & Sikes, PLLC is here to help you after your motorcycle accident in Knoxville, Tennessee. Here, we’ll discuss Tennessee’s motorcycle insurance requirements and important considerations following a motorcycle accident.
Tennessee Motorcycle Insurance Requirements
Tennessee law mandates that all motor vehicles, including motorcycles, carry a minimum level of liability insurance. The state’s minimum liability insurance requirements are:
Bodily injury liability: $25,000 per person / $50,000 per accident
Property damage liability: $25,000 per accident
These limits are designed to provide basic financial protection in the event that a motorcyclist causes injury or property damage to another party. However, they may not be sufficient in the case of a serious accident.
In addition to the required minimum coverage, it’s strongly advisable for motorcyclists to consider purchasing additional types of insurance, including:
Collision coverage: Pays for repairs to the motorcyclist’s vehicle, regardless of fault.
Comprehensive coverage: Covers damage caused by events other than a collision, such as theft, fire, or vandalism.
Uninsured/underinsured motorist (UM/UIM) coverage: Provides compensation if the at-fault driver has no insurance or insufficient coverage.
Medical payments (MedPay) coverage: Helps pay medical expenses for the policyholder and passengers regardless of fault.
Motorcyclists also have the option of establishing financial responsibility through alternative methods, such as depositing a $65,000 bond with the Tennessee Department of Revenue. However, most individuals find it more practical to meet the requirement by maintaining an active insurance policy.
Steps to Take After a Motorcycle Accident
In the aftermath of a motorcycle accident, your immediate actions can significantly impact both your health and the outcome of any insurance claim or legal dispute. The following steps are recommended:
Confirm safety: Move to a safe location if possible. Assess yourself and others for injuries.
Contact law enforcement: Call 911 and report the accident. A police report is often a crucial piece of evidence in insurance and legal proceedings.
Exchange information: Obtain names, contact details, driver’s license numbers, insurance information, and license plate numbers from all involved parties.
Document the scene: Take clear photographs of the accident scene, the vehicles involved, road conditions, and any visible injuries.
Seek medical attention: Even if you don’t believe you’re seriously injured, it’s wise to consult a medical professional. Some injuries, such as concussions or internal bleeding, may not present immediate symptoms.
Notify your insurance company: Report the accident to your insurance provider as soon as possible.
Consult an attorney: If you have sustained significant injuries or there are disputes over fault or coverage, legal representation can be crucial to protecting your interests.
Taking these steps immediately after a motorcycle accident can significantly influence your health, insurance claim, and any potential legal proceedings.
Tennessee’s Modified Comparative Fault System
Tennessee follows a modified comparative fault rule when determining compensation in personal injury cases, including those involving motorcycle accidents. Under this doctrine:
A plaintiff can recover damages only if they’re found to be 49 percent or less at fault for the accident.
If a plaintiff is found to be 50 percent or more at fault, they’re barred from recovering any compensation.
The plaintiff’s total recovery is reduced by their percentage of fault. For example, if you’re awarded $100,000 in damages but are deemed 20 percent at fault, you would receive $80,000.
Insurance companies are well-versed in using this rule to reduce or deny claims. They may attempt to shift a disproportionate share of the blame to the motorcyclist, especially in cases involving high speeds, lane splitting, or lack of safety gear. For this reason, it’s important to consult an attorney before making any formal statements to an insurer.
The Impact of Helmet Laws on Insurance and Legal Claims
Tennessee law requires that all motorcycle operators and passengers wear helmets, regardless of age. Failure to wear a helmet is a violation of state law and may carry both legal and practical consequences.
From an insurance and litigation perspective, not wearing a helmet can:
Increase your risk of severe head injuries, which may result in higher medical costs.
Influence how much fault is assigned to you, potentially reducing your compensation under Tennessee’s comparative fault rules.
It’s used by insurance companies to argue that your injuries were partially or entirely the result of your own negligence.
While the absence of a helmet doesn’t automatically prevent you from recovering damages, it can significantly complicate your case. As such, compliance with helmet laws not only enhances safety but also strengthens your position in the event of a legal dispute.
Statute of Limitations for Motorcycle Accident Claims
Tennessee has a relatively short statute of limitations for personal injury claims arising from motorcycle accidents. In most cases, a lawsuit must be filed within one year of the date of the accident.
If you fail to file a lawsuit within this period, you’ll likely lose your right to seek compensation, regardless of the merits of your case. There are very few exceptions to this rule, so it’s essential to consult an attorney promptly to preserve your rights.
Dealing with Insurance Companies
After a motorcycle accident, you’ll likely need to deal with one or more insurance companies, whether it’s your own or that of another driver. Insurance adjusters are trained to minimize payouts and protect their company’s bottom line. As a result, you may be offered a quick settlement that doesn’t adequately cover your medical bills, lost income, or pain and suffering.
Here are a few best practices when dealing with insurance representatives:
Don’t provide recorded statements without legal counsel.
Avoid admitting fault, even casually.
Don’t accept the first settlement offer without careful consideration.
Keep copies of all medical bills, repair invoices, and correspondence with insurance companies.
An experienced attorney can handle these communications on your behalf and help make sure you receive a fair settlement.
The Function of Legal Counsel
Motorcycle accidents often result in serious injuries and difficult liability questions. Insurance policies can be difficult to interpret, and insurers frequently challenge claims, especially those involving high-value damages.
Legal representation can provide significant advantages, including:
Conducting a thorough investigation of the accident.
Collecting and preserving critical evidence.
Identifying all potential sources of compensation, including third-party claims.
Negotiating with insurance companies.
Filing and pursuing litigation if a fair settlement can’t be reached.
Having an attorney who understands both Tennessee law and the unique challenges faced by motorcyclists can make a substantial difference in the outcome of your case.
Motorcyclists in Tennessee face specific risks and legal hurdles when involved in traffic accidents. Understanding the state's insurance requirements, fault laws, and helmet regulations is essential. Moreover, taking appropriate steps after an accident, including securing legal representation, can significantly impact your recovery, both physically and financially.
For any motorcyclist working through the aftermath of an accident in Tennessee, knowledge and timely legal advice are critical tools for protecting your rights and confirming fair compensation.
Contact Us Today
While no one anticipates being in an accident, being informed and prepared can make all the difference when the unexpected happens. At Wykoff & Sikes, PLLC, we serve clients in Johnson City, Chattanooga, Crossville, and Sevierville, Tennessee, and we’re here to provide support and guidance after an accident. Contact us today for a consultation.