Legal Question in Personal Injury in Tennessee
Was a passenger in a car accident need advice.
I was a passenger in a car with my sister and someone hit us from behind while we were approaching the redlight at a slow speed because their were other cars ahead of us waiting to go though the light . After the accident the person who's at fault stated to the police that she wasn't paying attention and thats why she ran into us. My sister who was driving was wearing a seatbelt but I wasn't , I hit the windshield with my head and got neck and back injuries , I was transported to the hospital by ambulance and released , it's been 4 days and i'm still in pain and planning to see my family doctor for further check-up on this. Both drivers have insurance.
My question is Can the driver at fault insurance company be liable to pay for my medical bills plus pain and suffering even though I wasn't wearing my seatbelt ? Also shall I get in contact with an attorney ?
3 Answers from Attorneys
Re: Was a passenger in a car accident need advice.
The answers to your questions are Yes and Yes.
The ideal situation is for your health insurance to pay the medical expenses and they will be reimbursed later from a settlement. The reason this is best is because health insurance carriers are given discounts by hospitals and doctors. This will allow you to get the benefit of the discount. Also you do not want the control of your care to be governed by someone else's insurance company and whether they think you need further treatment. You and your doctors should be the ones to make those decisions.
In Tennessee, it is not admissible at trial whether someone was wearing a seat belt. The jury may figure that out based on your injuries, but it can't be brought out directly.
You need to preserve evidence now. Make pictures of all injuries and keep a diary/jounal of all problems, lost wages and medical bills. I will be happy to send you a list of instructions we give to clients who have been in accidents. Send me your email address and I will forward the list to you.
I think you should consult a lawyer before more time passes. Has the other driver's insurance company taken your statement? Have they mailed you any documents? Have you signed anything and sent it back to them?
Feel free to call me directly at 615-790-2575 or toll-free at 866-789-1886.
More information is at our firm website: http://www.TennesseeLawGroup.com
Jon Perry
Re: Was a passenger in a car accident need advice.
The answer to both of your questions is "yes." You should consult with an attorney, particularly before you speak with the other driver's isurance company. Second, the at fault party or parties should ultimately be responsible for your medical bills, pain and suffering, lost wages, etc. regardless of the fact that you were not wearing a seatbelt. If the accident happened in a state other than Tennessee, the answer to the seatbelt queston could be different. Best of luck, Marc Reisman 901-527-9600
Re: Was a passenger in a car accident need advice.
Yes and Yes. Whether you a were wearing a seatbelt at the time of the accident is not important. TN statute requires the use of a seatbelt, but Tennessee case law supports the position that its use is not relevant in determining damages and therefore inadmissable. A good attorney can help insure your rights. If I can be of further help, please feel free to contact me.
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