​​Can you sue if the car accident is your fault?

This question is more complex than a simple yes or no answer and requires an understanding of Tennessee’s laws regarding fault and liability. Keep reading to learn the basics of these laws, then connect with a Nashville car accident lawyer from Weir & Kestner Injury Lawyers for personalized, accessible representation.

Understanding fault and liability in Tennessee

In Tennessee, the determination of fault is based on a system called modified comparative negligence (Tennessee Code Annotated 29-11-103). This system allows you to recover damages if you are less than 50% responsible for the accident. However, your compensation will be reduced by the percentage of your fault. Therefore, if you are primarily at fault for the accident, your ability to sue other parties for damages is limited.

Situations where you can sue even if you’re at fault

Even if you are found to be at fault in an accident, there might be specific circumstances under which you could still pursue a lawsuit, such as:

• Multiple parties involved: If multiple drivers contributed to the accident, you might still have a claim against another party if their negligence was also a contributing factor.
• Partial fault: If your fault does not exceed 49%, you can still sue other at-fault parties for their share of the damages, although your percentage of fault will reduce your recovery.
• Disputes over fault determination: Sometimes, fault is initially misassigned, or the complexity of the accident might lead to an inaccurate assessment. In such cases, further investigation might reveal that you were less at fault than initially determined.

Can you sue your own insurance if you’re at fault?

This question often arises when dealing with insurance claims: “Can you sue your own insurance if you’re at fault?” In most cases, you cannot sue your insurance company for damages for which you are at fault. However, you can claim under your own insurance policy if you have appropriate coverage, such as:

• Collision coverage – This can cover the damage to your vehicle, regardless of who is at fault.
• Medical payments coverage (MedPay) – This helps with medical expenses related to injuries you sustain in the accident.

Additionally, if there is a dispute over how your insurance company handles your claim, or if you believe they are not fulfilling their policy obligations, you might consider a lawsuit for bad faith insurance practices.

How Weir & Kestner Injury Lawyers can help

We approach each case with empathy and a deep understanding of the emotional and financial toll an accident can take. If you are at fault in an accident and unsure about your legal options, our team is here to provide clear, compassionate guidance. We can help you:

• Understand your legal rights and options, even if you are partially at fault.
• Evaluate your insurance coverage to determine if provisions may apply to your situation.
• Navigate the claims process with your insurance company to ensure you receive the coverage you’re entitled to.
• Advocate on your behalf if there are disputes over fault or insurance coverage.

Contact Weir & Kestner Injury Lawyers today

If you’re dealing with the aftermath of a car accident and are unsure about your ability to sue or make an insurance claim, don’t hesitate to reach out. Our experienced team at Weir & Kestner is dedicated to ensuring that you understand your rights and can navigate this challenging time with the best possible support. Contact us today to discuss your case and explore your options.