Chattanooga, TN asked in Insurance Bad Faith for Tennessee

Q: I was hit by a drunk driver on 04/29/2022 and there are no injuries. What compensation can I ask for

I have not had a rental because they never offered one. They are just now starting to process my claim even though I filed the claim on 05/11/2022. Can I request what it would have cost them in rental fees. Also can I ask for missed overtime because I didn't a vehicle all this time and I normally work 2 days a week extra.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: A Tennessee attorney could advise best, but your question remains open for three weeks. They may not offer the rental; you have to request it. In terms of the lost wages, it could be denied. Only a Tennessee attorney could advise on the operation of your first-party benefits for lost wages/overtime under state law, but nationwide, those generally need to be supported by medical necessity/disability/inability to work due to restricted duty, etc. I can't predict what your carrier would do, but I suspect they might deny the wage claim (since you mention no injuries, and the claim would presumably be based on lack of transportation). You could present the claim - that would be up to them. Good luck

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