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Questions Answered by Mr. James Charles Wright
1 Answer | Asked in Car Accidents for Tennessee on
Q: I was involved in a hit and run. The other driver doesn't have car insurance and was driving with a revoked license.

(per the crash report)...what is the best way to go about having him pay for my car's damages? The police have all of his information.

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 7, 2022

Contact your insurance company. If you have auto coverage, you likely have uninsured motorist coverage.

2 Answers | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Tennessee on
Q: Hello, I truly hate to bother you, but I am looking for a reputable lawyer in and around McNaiy County Tn

Hello,

I truly hate to bother you, but I am looking for a reputable lawyer in and around McNaiy County TN, especially one that deals in auto claims and damages against government neglect. I was in a recent wreck that caused me to roll my vehicle and it was do to poorly laded gravel done by... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 3, 2021

You are close enough to Jackson to use a lawyer in Jackson, Tn. If you are looking for specific names let me know or call.

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1 Answer | Asked in Business Law for Tennessee on
Q: A member of our HOA owns 10 units and wants to be elected to the Board of directors. How can we prevent this?

She would have ten votes and all other Board members would have only one vote.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 17, 2021

The owner with 10 units would likely have 10 votes as a member to vote for the board members being elected. Unless the bylaws say otherwise, that owner would have one vote on the board. Each board member has one vote regardless of the number of units owned.

2 Answers | Asked in Consumer Law, Traffic Tickets and Car Accidents for Tennessee on
Q: I was involved in wreck. The agent told me the guy admitted he was at fault. The agent avoided my calls for over 3 weeks

I finally got ahold of someone from the insurance company after almost 3 weeks and they told me I was at fault just because I hit the other person first. The other person involved ran a stop sign and I was not able to stop in time. I was wondering if I have a case?

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 2, 2021

If the insurance company for the other driver is denying fault, your option at this point is to turn in the property damage to your insurer, if you have coverage. Submit any medical bills to you health insurance carrier and consider whether you want to hire a lawyer and or file a lawsuit against... Read more »

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1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: My husband’s employer has been deducting ins. premiums out of his check every week since Nov. 2020 and not paying ins.

My husband has had almost $8500 deducted from his paycheck for insurance premiums that have not been paid by the employer. What recourse do we have? I feel we are owed that money back. Also, we’re getting bills now for medical services / doctors appointments that we assumed we had coverage for.... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 16, 2021

Contact the employer to determine - if this is not resolved contact the department of labor.

1 Answer | Asked in Business Law for Tennessee on
Q: I own 25acres of vacant land. Why am I not able to trade portion of land for a Vehicle through a dealership

Dealerships tell me that can't legally take land for trade.

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 12, 2021

The dealership doesn't want to deal with the logistics of a title search and closing on your property. If you want to buy the vehicle - sell the property and then go buy your vehicle.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can someone who has a contract for deed from the deeded property owner issue another contract for deed to someone else?

I have a contract for deed from someone who is buying property on a contract for deed already from someone else. Meaning the person who I pay is not the deeded owner and they do not have their contract for deed recorded. Is this legal in Tennessee? Can someone who is not the deeded property owner... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 11, 2021

No. You should speak to an attorney. This could turn out badly.

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2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for Tennessee on
Q: I work for a restoration contracting franchise can we bring civil litigation against an insurance carrier that owes us $

1 insurance carrier owes us almost $20k going back to Labor Day 2020. Can we sue for that?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 22, 2021

If the insurer had agreed to pay for your work as opposed to the insured then the insurer may be liable. If your contract/ agreement is with the insured- and the insurer is supposed to pay the insured- then your customer may have to pursue the insurer and your remedy may be against your customer-... Read more »

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1 Answer | Asked in Contracts for Tennessee on
Q: If I have a verbal agreement to vacate and the landlord is aware do I have to sign a contract still?

A verbal agreement was made between me my roommate and landlord on when I must vacate do I legally have to sign a contract with my roommate still?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 2, 2021

Sometimes people can remember verbal agreements differently -

If you signed a lease on the front end, it would be best to clearly set out in a writing how the lease ends as to you. This would include your roommate -as you don't want either making a claim against you later.

1 Answer | Asked in Contracts for Tennessee on
Q: If contract to sell states property as is, does that include washer and dryer?
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 23, 2021

The term "as is" really relates to whether the seller is making any warranties or representations- not what is staying o going at the property. This really comes down to whether there is a paragraph in the contract that speaks to what is staying or not. A washer and dryer would... Read more »

1 Answer | Asked in Consumer Law, Contracts and Small Claims for Tennessee on
Q: What is the best resolution for a contractor not finishing the job?

If a contractor has done shoddy work and has not yet finished the job or fixed the issues - Can I bring them to small claims court? How long do I have to do so? Can I seek a refund on monies already paid? They have stopped returning my calls. They are also way past when they promised the work would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 21, 2021

Yes. You can file a claim in Tennessee's version of small claims court- called General Sessions Court. You would feel out a pleading called a Warrant. You can also report the contractor to the state licensing board.

2 Answers | Asked in Medical Malpractice for Tennessee on
Q: My neice went for a tonsil and adenoids removal surgery and the doctors ended up cutting her carotid artery can we sue.

They stated it was a vessel and tried telling my wife it was such and that they patched the vessel until she bled out profusely My wife goes to tell them that's no vessel that's a artery bleeding like that she also told them my neice wasn't herself a day or two after the surgery and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 29, 2021

What you are describing sounds like medical negligence. To determine if your niece should go forward with a claim we or any firm would want to review medical records. I am so sorry for what your niece is going through.

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1 Answer | Asked in Contracts, Divorce and Family Law for Tennessee on
Q: I married a man on 9-22-1993. Here's the kicker...my divorce from my first husband wasn't final until 12-6-1993.

Is my marriage on 9-22-1993 legal? If not, do I get a lawyer to type up a document stating I'm not legally married?

Mr. James Charles Wright
Mr. James Charles Wright answered on May 20, 2021

I do not practice in this area - but I would think the marriage would have to be annulled as a void marriage. Hopefully you will get comments from someone that practices in the area.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Tennessee on
Q: My landlord notified me he is selling his properties to retire, can he make us leave or can I take it to court?

There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 16, 2021

The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.

2 Answers | Asked in Car Accidents for Tennessee on
Q: I was in a car accident in Tennessee and the other driver was over 21 but only had those learners permit. Is this legal?
Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 19, 2021

I agree with Mr. Avery. The failure to have a license at all - is generally not admissible to prove negligence. But it is possible for a 21 year old to have a learner's permit.

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1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: A nanny agency introduced a nanny to me, but none of us have signed any contract with the agency. Can I hire directly?

I think the agency forgot to send me the contract that would not allow me to contact the nanny directly. Will they likely sue me if I just hire the nanny without paying them fees?

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 9, 2021

This is one of those - but is it the right thing to do -questions. You contacted an agency - they supplied a person and now you want to hire directly because they either forgot or trusted you as to being able to communicate information - I anticipate you likely know what the fee is as well. I... Read more »

1 Answer | Asked in Car Accidents and Land Use & Zoning for Tennessee on
Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have

One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 24, 2021

You have a number of issues here -

1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: Is it mandatory for THP to issue a citation for a single vehicle accident in the snow.

I slid off the road into a thicket of small trees. Truck has minimal damage and is still driveable, but had to be winched out. I'm not filing a claim due to only liability coverage. Did the trooper HAVE to issue me a failure to maintain control and exercise due care citations. I had no... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 18, 2021

No, the officer was not required by some policy to issue a citation. Depending upon your time - you could go to court to contest. But it may not be worth your time and money to do so.

1 Answer | Asked in Personal Injury for Tennessee on
Q: Should I sign a C-31 Tennessee , medical form release, after I have return to work with some pain?

I was injured in December after a month and light duty. I returned to work at 80%. Now the company wants me to fill out forms and sign a medical release. Is this release just for workers comp?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 26, 2021

The below is from the Tennessee Department of Labor website:

Employees injured prior to July 1, 2014 must also sign a Medical Waiver and Consent Form (Form C-31). This form allows the employer, or its representatives, to communicate with the treating physician about the treatment for the...
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1 Answer | Asked in Employment Law for Tennessee on
Q: A work computer has been left with me since Aug 28. Multiple times I tried to return the computer. Can I charge storage

Or does it become my property at some point

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 29, 2020

Without knowing all of the details - If you have made several efforts to return- I would suggest if you are going to charge storage- that you clearly communicate in writing that if the computer is not picked up by a date certain (give them a reasonable period) that storage at a reasonable rate... Read more »

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