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Questions Answered by Mr. James Charles Wright
2 Answers | Asked in Car Accidents for Tennessee on
Q: Is there anything I can do to get out of accident liability because new owner didn't register the vehicle I sold them.

Sold a friend a vehicle, he supposedly register it but some how only got temp plate, no insurance and got in accident, turns out vehicle still is register to me. Now the other insurance seeking liability from me since its still under my name. Friend stated he title it but never receive new title.... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 16, 2020

Yes. If you sold the vehicle and have proof- ie a bill of sale or a signed over title and perhaps a check showing where you were paid- you should be able to furnish to the insurer to show that you were not the owner. Some states in order to transfer ownership require registration in order to have... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Involved in a crash, NO INJURIES. Driver of striking vehicle has no insurance and no license. Vehicle is insured.

5 weeks to the day, our vehicle is now being repaired. Insurance company, we feel, has been dragging their feet. The personnel have been wonderful but hands are tied by regulations, policy and what State Farm is legally obligated to do. We are encumbered to supply insurance and deposit for the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 14, 2020

Normally the rental car company will accept your insurance and you don't have to supply extra insurance while you are driving a rental car. The deposit should be returned to you when you are done with the rental. Your insurance company will only provide what they are required to supply -which is... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Tennessee on
Q: A pawn shop in the state of tn,sold me a computer that is locked and can not be used.They refused to refund my money.

Isn't there an implied warrenty that the computer works and how can I get my money back?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 6, 2020

Look at the paperwork with your purchase- look to see if they sold the computer "as is." If not then you would be correct. But also, you may want to talk to a computer expert- an expert may be able to unlock the computer for you.

2 Answers | Asked in Personal Injury for Tennessee on
Q: My 17 year old daughter broke her leg at a roller rink that had no safety rails on the wall is the rink liable?

She had surgery to repair 3 broken bones in her leg. She was there with a friend at this rink. She skated before, and is a beginner, just not at this rink. There was a sign posted skate at your own risk. But no idea there were no rails on the wall. She was never asked to sign anything. Can they... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 27, 2019

There was legislation proposed several years ago to limit skating rinks from liability. I don't believe this passed. But I haven't checked for purposes of responding. In the absence of a special statute limiting liability, the roller rink would be liable for premises defects that are not "open... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: A property management company is refusing to show me the terms of a lease until AFTER I sign it. Is this legal?

I’m looking to rent a property with a property management group. However, they have refused to show me the lease before I sign it and pay them my non-refundable security deposit and first month’s rent. Can they legally force me to sign a lease before sharing the details of the contract with me?

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 23, 2019

First of all- you are doing the right thing. You should never sign a contract (a lease is a contract for an interest in real estate) without reading the contract and understanding the terms. At the same time, unless there is some type of discriminatory reason they will not share the lease- if the... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: I was driving my mother in law's car when a uninsured sixteen year old hit me.he had no license. The car has full covera

I didn't call the law.the boy wrote a note stating he was at fault.my mother in law filed on her insurance,they refused to pay y

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 23, 2019

I am not sure why your Mother-in-Law's insurer is refusing to pay. If the car has "full" coverage there should be coverage for this accident. Also, even if the other driver was uninsured - if there is full coverage, there would be uninsured motorist coverage as well.

You may need to...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Q: Can I get a workers comp settlement if I fell off ladder at work in tn?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 20, 2019

Probably. Ask your employer if they have worker's compensation coverage. Make sure the employer has notice of the injury. If the employer doesn't - and they are a contractor- you will likely need to talk to an attorney as contractor's are generally required to carry worker's compensation... Read more »

2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Tennessee on
Q: I was in a small wreck just a fender bender a mile from my house, I had no license (Never had them) and no insurance I

Was driving down to our field (a mile and half from my house) our neighborhood hit my car he wasn’t paying attention to the road. I got a ticket for no license and no insurance I did have a 28 year old in the car with me, he told me he didn’t see any reason to arrest me since I was honest and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 13, 2019

If the accident was the other driver's fault then the fact you didn't have a license is likely not admissible on fault. Who is fault is determined by what happened in the accident. As to the ticket- It is good that you now have your learner's permit and insurance. The fact that you have these... Read more »

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1 Answer | Asked in Small Claims and Civil Litigation for Tennessee on
Q: I have a Endodontist who I saw and would like to supena for court. How would I do it if I am Pro Se in Tennessee?
Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 9, 2019

I am not recommending one way or the other that you subpoena the dentist. And you should be aware that physicians and dentists are exempt from subpoenas to trial and can recover costs and attorney's fees (TCA 24-9-101). Doctors are not immune from subpoena to a deposition. But if you want to... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Tennessee on
Q: I have a 1yr signed lease can the new landlord make me leave before the 1yr If have a lease from the previous landlord?

The new landlord got the property I’m currently at in a recent divorce but I just moved in three months ago and the new landlord sent a letter stating I have till Jan 20 to leave and she’s not returning my security deposit that I’d have to get it from the previous landlord. I have receipts... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 8, 2019

If you have a lease term- it can not be shortened by simply a change in the ownership of the property- unless there is language in the lease that would make the lease terminable- which would be unusual. Usually the new owner takes subject to the lease.

2 Answers | Asked in Business Law for Tennessee on
Q: I am 49% owner can a 51% partner force me to disolve our LLC and keep using our business name for themselves?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 20, 2019

The name belongs to the entity- as an asset. Along with the other assets of the company that would need to be handled in a "dissolution." There is a statutory procedure for dissolution- you can likely look it up on line- if not you can get with a lawyer- to discuss your rights in a dissolution... Read more »

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2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What is the law on Double sale of Real estate in Cleveland TN?

I am buying property, owner financing. They have sold the same property to another that's building a house. When the house is completed do I have the right to moving into it , because I have a contract, whereas I'm buying property, and have been paying land tax from 2014.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 12, 2019

Not sure if you mean the seller has sold the property twice? The first recorded deed generally will control unless the buyer had notice of the other deed before recording.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: If a vehicle drives the wrong way against arrows in a lane in a parking lot and hits another vehicle who is at fault?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 11, 2019

The "rules of the road" - the statutes relating to driving on highways are not applicable to an accident off of a highway- for example in a parking lot. But the directional arrow would be proof of a driver going the wrong way and could be considered for determining fault.

1 Answer | Asked in Contracts for Tennessee on
Q: Hello, I think I am being conned

A couple of weeks ago I decided to buy a different car,I went to a Kia dealership I out right bought a 2006 Kia Sorento for 4000 dollars, signed all paperwork and drove home, first thing I noticed was none of the interior lights were working and then I tried to put gas in it, it spewed back out at... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2019

It's hard to answer this one for you or to give advice. They may just really want to sell a car and not have to give your money back. I hate to state the obvious- but car dealerships want to sell cars and it sounds like they are trying everyone way they can to sell you one. - You need to... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: Company A buys company B out of bankruptcy, then both become 1 company ~ The big agreement between both companies

Name of the company using both companies A&B detailed when & how it’s to be recognized....in company A territory:

the Co. A name followed by company B..

In Company B territory: & B name followed by company A..... bot are well known in their territory. When company B is not in... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 8, 2019

If your question - how do determine the correct name when a company uses different names- check the secretary of states website for the company's official name- the entity is named by the correct name. The other names are d/b/a's or "doing business as" names. So one would use the correct legal... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: Mergers & contractual agreements: regarding agreement from both parties: details on how & when ea name Is to used
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 6, 2019

In a merger there is a surviving entity and the other does not. Either name or a new name could be used- by a name change. If you want to preserve both names and use one as a d/b/a you can do that as well. You also don't necessarily have to do a merger. One entity can by the assets or the... Read more »

1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Leaving the scene of an accident

My husband wrecked his company vehicle into a tree after swerving when a deer jumped out in from on him on the mountain we live on. He contacted his boss and they told him they would take care of it not to contact police just to have it towed. No one else was involved. My husband did what his boss... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 25, 2019

I am wondering what statute the police are asking him to "turn himself in" under. If there was no damage done to the tree or property then I am not sure that a state statute would be involved. Pull up TCA 55-10-101, 102, 103 and 105. It is not likely that his license would be suspended. If he... Read more »

2 Answers | Asked in Personal Injury and Civil Rights for Tennessee on
Q: officer required to stop at intercetion while light and sound on to be sure is clear before moving through red light
Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 24, 2019

I agree with Mr. Kollin- there really isn't a question here- unless you are asking if an officer needs to stop before entering an intersection if the officer has his lights on. The answer would be no- but the officer does need to act reasonably in entering the intersection. At the same time a... Read more »

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2 Answers | Asked in Car Accidents for Tennessee on
Q: A Person hit me and it was there fault

A

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 10, 2019

If the car had insurance then the claim can be turned into the owner's insurance company. Also make sure your company is aware of the loss. If you have insurance the claim can either be handled under your uninsured/ underinsured motorist coverage- or if you have full coverage then your company... Read more »

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