I hear something like this from the local community often: “But Joe, after my car accident, I thought the insurance company would take care of me and my family.” The short answer is the insurance company doesn’t care about you, your family, or your health. An insurance company is in the business of making money. And, making money often means not paying injury victims, and limiting the rights of their insureds (just take one look at your insurance policy). The big insurance companies have billions of dollars and they want more.
I recently talked with a father who was involved in a severe car accident with his wife and several children. This out-of-state family was driving on I-24 in Rutherford County when the husband and wife sustained serious injuries from a car accident that wasn’t their fault. The family spent a full year “talking” with the negligent driver’s insurance company. After the one year anniversary of the motor vehicle accident passed the insurance company told the father his claim was dead and they weren’t paying a dime.
The father called me confused and distraught. Could it really be that the insurance company dragged the claim along and didn’t tell him about the one year statute of limitations on personal injury actions?
After hearing his story, it was very difficult for me to tell him that, yes, his claim was extinguished. For the most part, in Tennessee, you only have one year from the date of a car accident to file a lawsuit. If you do not file a lawsuit, or otherwise resolve your claim, the claim is over. The insurance company has no duty to pay you and you have no recourse. Unfortunately, the father and his wife can’t get compensation for their injuries, lost wages, pain and suffering, or lost enjoyment of life. The devastated father said to me “I thought they were gonna take care of us.”
Weir & Kestner receives phone calls all the time where the injured person on the other end is frustrated or shocked the insurance company is not helping them resolve the case. Remember, even your own insurance company is not trying to do right by you or help you. The hard truth is when you’re in a car wreck the insurance company wants to get your claim finished as cheaply as possible, and if they can get away with not paying at all that’s even better. Insurance companies use a variety of tactics to accomplish controlling payouts. Sometimes, adjusters are impossible to reach, make communication very difficult, or simply ignore claimants. And, of course, they want the injured person to do all the work.
If you’ve been injured in a car accident, don’t go it alone. Weir & Kestner has the experience and proven results to get you the protection you deserve. As always, our consultations are free.
Joe Weir, Esq.
Thousands Helped Locally.
Win Your Case. Lose the Stress.