Are there any DUers familiar with auto insurance rules that could point me

[pnwmom]

in the right direction to help a family I know?

The situation is desperate. The wife was recently hospitalized and in rehab for for a month for a major stroke, she lost her job during that time, they have four children, and the husband was just rear-ended by a semi truck. He needs it for transportation to work and they don't have the money for repairs. Or any extra money at all. (They don't know how they're going to pay their rent if they have to pay for the car.)

They are being told that because the husband doesn't have correct immigration status, and therefore was driving without a license, the semi-driver is off the hook. They are also being told that since she only has liability coverage, her insurer won't pay for the damage.

But since the semi-truck rear-ended the man while the man was exiting the freeway, it's obviously the truck driver's fault. Why isn't the truck driver's insurance responsible for the damage done to this woman's car regardless of the type of insurance she had, and regardless of whether her husband had a license?

Please don't respond with scoldings about how the man shouldn't have been driving without a license. He was just doing what he needed to to get by. My question is simply whether they have any recourse against the truck driver's insurer? They can't afford a lawyer, obviously. They live in Tennessee, in case that makes any difference.

Thanks in advance to anyone with information.

[PoliticAverse]

1. Even if they can't afford a lawyer they may be able to get some legal guidance....

For example:
Legal Aid Society of Middle Tennessee and the Cumberlands
http://www.las.org/contact
http://www.las.org/home

Check if they are in the county that organization serves.

[Ms. Toad]

2. He needs a lawyer involved.

Most attorneys will give a low cost or free initial consultation, at which they can take a quick look and see if there is a case.

If there is a case, they will likely build their fees into the "pain and suffering" portion of any settlement. If there isn't any pain and suffering, they might be able to take fees intended for cosmetic repair to pay the attorney.

They need an attorney, familiary with dealing with insurance companies, to make the best case for them.

My car was "totaled" once because it was near the blue book value & it was easier for them to declare it totaled than to fix it.. I had some medical bills, but nothing substantial in terms of pain and suffering. I was not yet an attorney (although I am now), and tried to negotiate directly with the insurance company for a complete settlement of fixing my car (rather than declaring it totaled) and payment of medical bills (and nothing more). They refused to deal with me. Ultimately, I got an attorney involved. The insurance company reviewed the recent expenses and determined it had enough recent $ to be worth a couple hundred more than the cost to fix it. They paid out about 10,000 more than they would have had they been willing to negotiate with me for my pain and suffering. If I recall correctly, about 1/3 of that went to the attorney. So I got my car (which ran for nearly a decade after that), medical bills, and some extra money I wasn't seeking, all because they forced me to get an attorney involved (at no ultimate cost to me).

[pnwmom]

4. Thank you! I will pass this whole message along.

As if they haven't been going through enough, they also had to move their trans teenager out of the nearby school this year because of bullying. So they need the car to get her to school as well.

[4139]

3. What state? Some states are 'no fault' insurance....

And it does not matter Who is at fault.

Pennsylvania is one.... i not an expert on it, my son's car got into an accident up there and confused the hell out of me.

[pnwmom]

5. Tennessee. n/t

[Motown_Johnny]

8. it looks like Tennessee is a fault state.

I searched if Tennessee was a no fault state and got this...

Tennessee is a "fault" state when it comes to car accidents, meaning that generally the at-fault driver must pay for damages resulting from a car accident. Of course, as discussed below, this is why auto liability insurance is so important.Nov 3, 2016




So it sounds like they need a lawyer... but.....

Driving illegally is driving illegally. I am not a lawyer but I think they are screwed. The driver will have no legal grounds for a lawsuit if he was engaged in an illegal act at the time.


I hope I am wrong so a lawyer should be consulted. Just don't get your hopes up.

[metroins]

6. Immigration status does not absolve civil liability

File a complaint at the Tennessee department of insurance. https://www.tn.gov/commerce/section/insurance

Cite unfair claims settlement practices for arbitrarily denying a claim.

The truck should be liable for the property damage, likely medical bills but could deny claims for loss of income because he legally shouldn't be here and legally can't work, thus causing no loss of income.

Tennessee is an at fault state with modified comparative negligence 50% rule.

http://www.gregcolemanlaw.com/tennessee-modified-comparative-fault-laws.html

The trucks insurer may be arguing that he was illegally driving which puts him at a higher percentage of negligence. Your friend should argue that the truck is the proximate cause, not the drivers license status.

An attorney would likely take the case on contingency because it's a personal injury claim, but maybe not because income losses could possibly not be recouped.

Best bet is to file the complaint and contact a personal injury attorney for contingency.

[PoindexterOglethorpe]

7. His not having a license or insurance shouldn't matter.

People like him are the reason the rest of us have "uninsured motorist" clause in our insurance. That's just an observation, not a judgement. Many uninsured motorists are regular citizens who for some reason don't have insurance. Was the semi driver ticketed? Did your relative get relevant insurance information from him? If the semi driver wasn't ticketed by the cops, and if your relative didn't get insurance information, he's screwed.

I believe that the person doing the rear-ending is always at fault. Sometimes, in reality, that driver isn't, but it's a convention that makes settling claims much easier.

And yes, a lawyer who handles such cases in their area should be contacted. All such attorneys work on a contingency basis.

[Sissyk]

9. Unfortunately, there is not much help for that in Tennessee.

Here is a link for you that describes who has to have a license to drive in Tennessee.

http://www.drivinglaws.org/resources/driving-without-a-license-tennessee.htm

The statement that lets you know that your insurance will not pay if the driver is not a licensed driver has been in every policy I've ever had. It's in my State Farm policy now.

The Law Office of Bart Durham - I really really hate promoting this ambulance chaser, but he doesn't collect if you do not receive a judgement. Which means.......they can at least see if he would take their case (her case), and get some legal advise without paying.

Not much help in this state for them, I'm afraid. Sorry I couldn't give you more.

[pnwmom]

10. Thanks for caring, Sissyk. n/t

[pnwmom]

11. Right. But I'm not expecting HER insurance to pay -- it wouldn't anyway,

because she doesn't have comprehensive.

I'm wondering why the semi driver's insurance wouldn't have to pay the owner of the car he hit.

[Sissyk]

12. I understand. I probably stated it wrong.

In my insurance policy is a section that states when State Farm is not responsible to pay a claim where I am at fault. One of those is if the person I hit was driving without a valid drivers license.

So the truck drivers insurance may state that, and possibly gets away with it often.

Now, I've never had to challenge that so I don't know if it would hold up in court. But, it wouldn't be cheap to challenge it, either.

I'm also now looking at other insurance companies as I had completely forgotten that it was in my policy.

anyway, maybe they can find good help from the other thread. Wishing them well!

[pnwmom]

13. Again, thanks for your help and concern nt

[MineralMan]

14. Tennessee is not a kind state.

Truly, only a good attorney can help with this. They might find one who would take the case in contingency, but they may need help from some agency that helps people with few resources.

They're not in a sympathetic state, though, and his undocumented status might be a problem.

[fescuerescue]

15. The truck driver is liable

However because your friend doesn't have collision (only liability), their own insurance will not intervene.

File suit against the truck driver, and the drivers company.

It may take awhile, but they will have to cover the damages.

[pnwmom]

16. Thanks -- and welcome to DU!

[sweetapogee]

17. questions:

What was the truck driver cited for and what is the book value of the damaged car. Also, what is the truck drivers insurance carrier and deductible? Was EMS called and did your friend sign a refusal or did he go to the ED for an evaluation? Was your friend cited for not having a valid license to operate a motor vehicle? Exactly who is telling you that because of your friends immigration status the truck driver carries no responsibility? Did the truck have a dash cam, many do theses days.