And although Tennessee law permits a person who is injured by an unknown "John Doe" driver to seek benefits under an uninsured motorist insurance policy, the law requires that someone other than the motorcycle driver or passenger establish the presence of the John Doe driver by "clear and convincing" evidence. If the wreck was not witnessed by anyone else, or the at-fault driver does not stop and cannot be tracked down via other evidence like a traffic camera, etc., it is unlikely a John Doe claim can be made because there will not be legally sufficient evidence to support the claim. In short, there must be some independent evidence to establish that the motorcycle rider was forced from the road.
If the wreck was witnessed by someone other than the driver and the driver's passenger or a video of the accident was captured on a traffic camera, etc, a claim can be made against the John Doe motorist. This is what is known as an uninsured motorist (UM) claim. A UM claim is a claim against your own motorcycle insurance company and, if you prove the existence and fault of the other driver, you can collect damages from your own motorcycle insurance company. Importantly, during this process, you will essentially be adverse to your own insurance company. And despite being your insurance company, they will typically try to find ways to deny your claim or minimize your compensation.
It is important to consult a lawyer promptly in this type of matter. A quick fact investigation is critical. For instance, a review of 911-tapes may yield the name of a witness whose name did appear on the accident report. A neighbor may have seen the event but did not talk to the police officer who investigated the case. A local convenience store surveillance camera may have caught the entire incident on camera. But this type of evidence does not exist forever, and thus a prompt investigation must be made. If you call us, the award-winning attorneys at The Law Offices of John Day, P.C. can promptly investigate your motorcycle accident. In appropriate cases, we employ the services of other experts such as engineers who have training in accident reconstruction to assist us in this effort.
We offer a free, initial consultation in which we evaluate your case and your insurance policy and advise you of your legal rights. If we think you have a case and you decide to hire us, we handle all motorcycle wreck cases on a contingency basis so you do not pay anything out of pocket to pursue your case. Getting started is easy. Simply, contact us online or call us anytime time of day at one of our three Middle Tennessee locations:
Nashville: 615-669-3993
Murfreesboro: 615-867-9900
Brentwood: 615-742-4880
Toll-Free: 866-812-8787.
While our offices are centrally located in Middle Tennessee, we handle motorcycle accidents across the State of Tennessee. No matter where you are, if for any reason you are unable to come to us, we are happy to come to you.