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.

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.