Car accidents can be traumatic, terrifying, inconvenient, and extremely expensive. For these reasons, all Tennessee drivers are required to have car insurance and to be financially responsible for damages incurred when they’re at fault. But, what if someone offers to pay for your damages and medical bills out of pocket?
This happens sometimes when a driver wants to avoid the legal implications of not carrying car insurance or wants to keep the accident from impacting the cost of their current insurance policy. While this is generally legal in accidents with under $500 in total damages, it isn’t advisable. Before you accept a lump sum of cash from the other driver, there are a number of things to consider.
Unless you’re an experienced auto mechanic, claims adjuster, or you can be certain that the only damage done was something minuscule, it’s important to stop and ask yourself these questions:
Who Was at Fault?
Tennessee is a “fault state.” This means that the driver(s) will be held financially responsible if the authorities determine that they were the cause of the accident. If you weren’t at fault and there are unassessed damages, accepting cash can leave you in debt and possibly land you in hot water with the law.
Are There Any Injuries?
Car accidents can cause lasting physical injuries that require ongoing care. At the scene of an accident, you are not qualified to assess and diagnose physical damage. You may be entitled to more compensation than what both the at-fault driver’s insurance would pay, and the compensation they’re trying to offer you. Situations like this merit a consultation with a doctor and a personal injury attorney to assess even professional settlement offers.
Was There Damage to Any Property Outside of the Vehicles?
When the accident causes damage to a third party’s personal property, the owner of the property, the police, and the insurance company need to be notified immediately. This can be as simple as damage to a person’s mailbox during a collision. Not doing this can amount to criminal behavior.
Even when the damage is relatively minor, it’s easy for a person to promise to pay, give you a falsified phone number and address, and disappear without being held accountable. The insurance company can’t do anything for you after the fact, and you’ll be stuck with the bill. Even “contracts” or payment agreements can be nullified when not legally notarized. Taking cash is taking a risk.
The other vehicle involved in the accident could be stolen, carrying something illegal, or the driver may be uninsured. Always be wary of cash offers, and when in doubt—call the authorities.
There are times when a fender bender may seem small—until your rear door falls off in traffic or you wake up the day after the accident bruised and battered. When it comes to your personal safety and liability, it’s always best to involve the insurance company, police, and a skilled personal injury attorney. Don’t let someone get away with negligence or criminal behavior, get help and get the compensation you deserve.
After spending his secondary years of study at The McCallie School in Chattanooga, G Turner Howard III earned his BA at Tulane University. A member of the Tennessee Trial Lawyers Association, he received his law degree from the University of Tennessee College of Law. Before becoming an attorney, he earned a Master’s and Doctor of Divinity at Andrews Theological Seminary and Columbia Theological Seminary. He also served as a 1st Lieutenant in the US Army in Vietnam. With more than 20 years of experience, his firm has helped clients receive millions of dollars for personal injury, and in many cases, much faster than they ever expected.
