Can I Bring an Uninsured Motorist Claim in a Road Debris Accident?
Have you ever been driving down the road when a piece of debris seems to appear out of nowhere, giving you no time to avoid it or even slow down? Road debris can be hard to dodge and can cause major damage to your vehicle and even injury to you.
You may be wondering if you can bring an uninsured motorist claim when your vehicle is damaged by road debris.
Unfortunately, no. Under Tennessee’s Uninsured Motorist statute, uninsured motorist insurance will not cover damage caused by an unknown person, especially when that person is not a motorist.
If road debris causes damage to your vehicle and you suspect you know how it got there, it may seem like you should be able to file an uninsured motorist claim. Some even argue that a road debris accident is comparable to a hit-and-run because the person who left behind the road debris left the scene just as a motorist who leave the scene of an accident.
But if you can’t prove by “clear and convincing evidence” who left the debris behind, your only option is to file a collision claim which means you will be considered at-fault by your insurance. Uninsured motorist insurance is only intended for accidents caused by other known motorists.
If you’ve been injured in a car accident, it’s important to speak with an experienced attorney as soon as possible. Give us a call at (865) 691-2777 or contact us through our website Brown & Roberto, PLLC to set up a free consultation.