Uninsured Motorist (UM) and underinsured motorist (UIM) bodily injury cases are similar but not identical to regular vehicle lawsuits. Our attorneys who handle these matters have decades of experience and know the difference. We understand in these cases the attorney is defending the insurance carrier, which has a duty to deal with its insured in good faith. The relationship between the insured and the insurance carrier is defined by both the policy of insurance and Tennessee’s UM/UIM statute. Tennessee does not follow the majority of states in its interpretation of UM/UIM law so experience in handling Tennessee UM claims is essential. Our attorneys also have experience handling cases where the policy was issued in a state other than Tennessee, which requires application of the law of the issuing state. This can lead to a significantly different result and requires an entirely different defense strategy.
We focus on the carrier’s exposure, ensuring we identify all possible set offs and credits. A keen understanding of the law and policy provisions allows us to develop a strategy which minimizes defense costs and keeps them in proportion to the carrier’s exposure. Our attorneys know when the circumstances require a proactive defense strategy and when the circumstances dictate it is preferable to take a backseat and let the insured and tortfeasor reach a settlement.