Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.
He was ticketed for straddling lanes and improper lane change. I'm I responsible for getting my vehicle repaired as I'm being given the run around by his insurance company. I was also told I'd be responsible for 20% of a rental or cab fees.
A:
This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).
1. I assume you've had your damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.
2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free consults.
3) Confirm that their posiition is as you've stated it--if it's not in writing. If it's in writing, file a complaint with the State Insurance regulator.
A: The Tennessee Supreme Court has abolished the doctrine of contributory negligence. McIntyre v. Balentine, 833 S.W. 52 (Tenn. 1992). Tennessee uses a legal doctrine called modified comparative negligence to assign fault. A negligent plaintiff may recover if his or her negligence is less than the defendant's. In other words, the injured party may recover only if he or she is less than 50% at fault. Each defendant is now liable only for the percentage of the plaintiff's damages occasioned by his or her negligence. I would suggest consulting with a local car accident attorney. Most of them will handle your case on a contingency basis.
A:
Ordinarily, such cases can be difficult, due to conflicting testimony, but the other driver was ticketed. You could consult with an attorney in your area to discuss the determination of liability here further.
Tim Akpinar
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