Legal Question in Personal Injury in Tennessee

Re: involved in mva - i'm uninsured, i have serious injurieso accident

I assume the other driver had a 50/100 policy limit. Have you seen has declaration page? With regard to the lien is that a hosptial lien or a medical insuracen company lien. If it is a hospital lien they can't take the entire recovery. If it is a medical company lien they may not be able to recover if you are not made whole. That may change if it is an erisa plan. If you would like to discuss this further my contact information is on yourtrialattorney.com and my direct email is [email protected]

Re: involved in mva - i'm uninsured, i have serious injurieso accident

Yes it is normal for the insurance company to atttempt to be reimbursed or subrogated once you recover. Your personal injury attorney will usually be able to negotiate a settlement with the company assuming it is entitled to anything. If you are not "made whole" as that term is interpreted in tennessee law, then the insurance company might not be entitled to a portion of your settlement. If you receive the insurance free to you through your employer, it may have an absolute right. You should probably speak with an attorney who would be prepared to handle this type of matter, both from a negotiation standpoint and from a trial standpoint if the matter can not be resolved. I will tell you that if you are mistaken and this is not a $100,000 policy, but rather a $50,000 policy, then there is really no negotiation to do with the auto insurance company. Now if the person who was driving the car happens to have substantial assets, then you certainly have the right to go forward with the lawsuit. However, most people who have only $50,000 in liability coverage, probably do not have a great deal of wealth and you are going to be stuck with the insurance.

You also might want to make sure that your wife's policy does not cover you. If she has uninsured/underinsured motorist coverage that exceeds the coverage of the person who hit you, perhaps that policy will supply some assistance for you.

Whatever you do, do not let them drag out negotiations so long that you miss a filing deadline. It is always a good idea to consult with a lawyer about important matters like deadlines,theories of liability, and avenues of insurance coverage.

Feel free to contact our office if you would like to discuss this with a local attorney.

Re: involved in mva - i'm uninsured, i have serious injurieso accident

It certainly sounds like you have a good personal injury claim. You have some issues surrounding re-payment of your medical expenses which can be resolved depending on whether the health provider has filed a lien or whether your health insurance company paid your medical bills. I can help you out on both of these issues. The person who hit you probably has $50,000/$100,000 policy limits and under Tennessee law, only the $50,000 limits will apply to your case. However, if the person who hit you is not from Tennessee, then the higher limit may apply. I would be happy to discuss this matter with you in much greater detail. Thanks. Bill Poland