Tort Law Tidbit - Uninsured Motorist Claims
Many clients do not understand why their insurance company should have to pay out money because the driver that caused the wreck did not have insurance or did not have sufficient insurance to cover the loss. Those people are reluctant to "sue" their own company, in part because they are afraid that doing so will increase their insurance rates.
T.C.A. Sec. 56-7-1201 (f) gives you information that can help your client feel more comfortable about the decision to seek UM benefits. It provides that an insurer cannot raise insurance rates solely to the payment of a UM claim.
A significant percentage of drivers do not have insurance and a large number of those that do have it have only the mimimum amount prescribed by state law. Consider counseling your clients to increase their liability and UM limits. Many will be surprised how much more protection they can get for a relatively low cost.
Is T.C.A. Sec. 56-7-1201 valid in Illinois?
Generally, no. However, if a person is injured in Illinois but has coverage under a Tennessee UM policy then an argument can be made that that statute applies.
IF I FILE A CLAIM ON MY INSURANCE FOR UNINSURED MOTORIST WILL MY INSURANCE RATE GO UP
Jannell. You do not say where you live, but in Tennessee (where I live and practice law) insurance rates are not supposed to go up if you file an uninsured motorist claim.
Best of luck to you.
If an insured motorist is at fault in an accident, does the uninsured motorist involved have to pay for the damage to the insured motorist's car in Tenn?
Lisa, if A is at fault and damages B's car A's insurance company has to pay to repair B's car. If A does not have insurance B's uninsured motorist insurer will pay to repair B's own car. Then, B's insurer will have to right to sue A to recover what it paid to B because of A's fault.
Does that answer your question?
What if A is insured in florida and B is uninsured, A rear ended B, Can B file a claim against A for medical expenses incurred from the accident of $1,000? If so, how much is B can collect from A?
I was rearended by an uninsured motorist today, I was wondering if this law applys to me. I live in Knoxville, TN. I am worried about filing the claim with my insurance company because I dont want my insurance rates to go up.