Memphis, TN asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee

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.

3 Lawyer Answers
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

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.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq.
Answered
  • Insurance Defense Lawyer
  • Cleveland, TN
  • Licensed in Tennessee

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.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.