Many people assume that they can only get a check after a crash if they are 100% not at fault. And while it’s true that Tennessee is an at-fault state, it’s also a comparative negligence state. That means that the degree to which each driver is at fault for a crash is factored into determining how much the less at-fault driver can receive in a settlement.
Auto accidents are complex, and many wrecks can be partially blamed on both drivers. For example, a driver may pull out in front of another driver who is speeding. Although the first driver may have failed to look both ways or come to a complete stop, the speeding driver was also breaking the law and could have avoided the crash if they were going slower.
In cases like that, the driver who is found to be less at-fault than the other driver may be eligible to receive compensation. However, their level of fault will be deducted from their settlement. That means if they are 40% at fault, they’ll receive 40% less of the settlement they would have received. In other words, a $10,000 settlement would become a $4,000 settlement.
In addition, you may be eligible to receive compensation if you purchased Med Pay coverage for your auto insurance, even if you were 100% at fault for the crash. This coverage pays out no matter who caused the crash, no questions asked.