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$100,000.00 Settlement Recovered for Passenger Injured in a Single Car Accident in Sevierville, Tennessee

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Green, Waters Ogle and McCarter recovered a $100,000.00 (full policy limits) settlement for a client injured when she was a passenger in a single car accident. Our client suffered serious injuries in the single car crash including 3 broken ribs, a concussion, a fractured ankle and a torn rotator cuff. She was rushed from the accident scene via emergency air flight and spent over a week in the hospital. She had thousands in unpaid medical bills and serious injuries that required surgery and months of physical therapy.

"Household Exclusion" Clause in a Car Insurance Policy Can Limit Passenger Recovery for Injuries After a Car Accident

The driver of the vehicle in this single car crash was a relative of our client, however, they did not live in the same household. Initially, the insurance company denied our client's injury claim entirely alleging she was excluded under the "household exclusion" clause of the driver's insurance policy. However, once our firm was retained we were able to obtain a copy of the policy at issue and prove our client was not excluded from recovery.

Tennessee allows an injured passenger to sue a responsible driver after a car accident. Yet, most insurance companies impose limitations. These limitations are found among the "household exclusion" clause in car insurance policies. Household exclusions are clauses that prevent one family member in the same household from suing another family member. For instance, a husband whose wife is driving can't sue his wife if her negligence causes an accident. Household exclusions are meant to ensure that no one defrauds insurance companies by staging accidents. However, insurance companies often attempt to wrongfully deny passenger injury claims based on the household exclusion clause.

In many cases, car accident victims pursue personal injury lawsuits against strangers. Sometimes, however, like our client in this case, the person who drove the vehicle you were injured in is responsible for the crash. This person can be held liable for your injuries as if they were a stranger. Many people are reluctant to pursue an insurance claim for their injuries against a family member or friend. You may think it's not worth the cost to your friendship to make an insurance claim. However, you have to remember: A lawsuit will not seek money from your friend. Instead, your friend's insurance company will be required to pay for your losses. That's the purpose of car insurance. It insures that car accident victims have their bills paid while protecting policyholders from having to bear the financial burden of the accident on their own.

If you choose not to make a claim against your friend, you are essentially giving the auto insurance company a free pass. It's the same as saying that even though they collected insurance premiums from your friend year after year, now that your friend has had an accident, the insurance company should not have to pay a claim. But you aren't saving your friend money. Instead, you are letting the car insurance company increase its profit margin by not paying a claim - at your expense.

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Green, Waters Ogle and McCarter

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Sevierville, TN 37862

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