If you were hurt in a car wreck in Kingsport, Johnson City, Bristol or anywhere in Northeast Tennessee, the other driver’s insurance company already has a plan for your claim. Their adjuster’s job is to pay you as little as possible, as fast as possible, before you understand what your case is worth.
My job is the opposite. I’m Robert Bates, and car wreck cases are the heart of my practice. When you hire me, you get me. Not a case manager, not a call center, and not an associate you’ve never met. You get my cell number, and I answer it.
What to do after a car wreck in Tennessee
- Get medical care right away. Go to the ER or urgent care, even if you think you’re just sore. Adrenaline hides injuries, and gaps in treatment are the first thing an adjuster uses against you.
- Call the police and get the report number. In the Tri-Cities that may be Kingsport, Johnson City or Bristol police, the county sheriff, or the Tennessee Highway Patrol.
- Take pictures. Both cars, the road, skid marks, traffic signals and your injuries. The better the pictures, the stronger the case.
- Get names and numbers of witnesses. People leave fast. A neutral witness can decide who was at fault.
- Don’t give the other driver’s insurance company a recorded statement. You aren’t required to, and anything you say can be used to reduce your claim.
- Don’t post about the wreck on social media. Insurance companies look.
- Call a lawyer before you sign anything. Early settlement offers come with releases that end your claim for good.
How fault works in a Tennessee car wreck
Tennessee uses what’s called modified comparative fault. You can recover as long as you are less than 50 percent at fault, and your recovery is reduced by your share of the blame. If a jury finds you 20 percent at fault, you recover 80 percent of your damages. If you’re found 50 percent or more at fault, you recover nothing.
That rule is why insurance companies fight so hard to put some of the blame on you. A few percentage points can be the difference between a fair recovery and nothing. Proving what really happened, with photos, witnesses, vehicle data and the police report, is a big part of what I do.
How long you have to file
In most Tennessee injury cases, you have one year from the date of the wreck to file a lawsuit or settle your claim. That is one of the shortest deadlines in the country.
There is an important exception. If the at-fault driver is charged with a crime arising from the wreck, the deadline can extend to two years. Courts read that exception strictly, and a citation under a city ordinance may not count, so don’t rely on it without talking to a lawyer. The safest course is to call early.
What your car wreck case may be worth
Every case is different, but in a Tennessee car wreck case you may be able to recover:
- Medical bills, past and future
- Lost wages and lost earning capacity
- Pain and suffering
- Permanent injury and disfigurement
- Loss of enjoyment of life
- Property damage and the cost of a rental car
Tennessee law caps noneconomic damages, such as pain and suffering, at $750,000 in most cases and $1,000,000 for catastrophic injuries. There are exceptions, including when the at-fault driver was intoxicated. Economic damages like medical bills and lost wages are not capped.
When the other driver has little or no insurance
Tennessee only requires drivers to carry $25,000 per person in liability coverage, and plenty of drivers carry nothing at all. That’s where your own uninsured and underinsured motorist coverage comes in. Many people have more protection than they realize, because Tennessee law requires that coverage to be included in your policy unless you rejected it in writing. Learn more about uninsured and underinsured driver claims.
Wrecks we handle
- Rear-end collisions on I-26, I-81 and Stone Drive
- Head-on and wrong-way crashes
- T-bone wrecks at intersections
- Drunk and distracted driver crashes
- Hit-and-run wrecks
- Rideshare and delivery driver crashes
- Wrecks involving work vehicles and company trucks
Hurt on the interstate? See our guide to wrecks on I-26.
A family of four hit on East Main Street. $2,925,000.
Four members of one family were riding east on East Main Street in Johnson City when a driver working for a local company crashed into their car. I got the case ready for trial in Washington County. It settled for $2,925,000 for the four of them.
Every case is different. A past result does not guarantee the same outcome in your case.
“Don’t wait. Call Bates.”
Free consultation. No fee unless we win. Call or text Robert directly at (423) 765-1215.
Frequently asked questions
Do I have to pay anything up front?
No. I work on a contingency fee. You don’t pay anything up front or as we go, and if we don’t win, you don’t owe me a dime.
Should I talk to the other driver’s insurance company?
You can give them basic information to open a property damage claim, but don’t give a recorded statement or discuss your injuries until you’ve talked with a lawyer.
What if I was partly at fault?
You may still have a case. Under Tennessee law you can recover as long as you’re less than 50 percent at fault.
Will my case go to trial?
Most cases settle. But insurance companies know which lawyers will try a case and which ones won’t, and that knowledge drives what they offer. I try cases.
Think you don’t have a case?
- You were flown from the scene by helicopter
- They offered the policy limits and you think there’s nothing in it for you
- Your health insurance paid, so you think you’re not out anything
Call before you decide. Plenty of people who think there is nothing in it for them turn out to be wrong.