Ripley, TN asked in Car Accidents for Tennessee

Q: So I was in an accident little over a year ago the girl was texting and driving and ran a red light as I was pulling out

Of a private drive the police said since I didn't have insurance and because I was pulling out of a private drive I was automatically at fault and I am now being sued for the damages the company suing me said that I have agreed to pay the amount when I never knew they were going to sue me

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1 Lawyer Answer
Mr. James Charles Wright
Mr. James Charles Wright
Answered
  • Personal Injury Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Pulling out of a private drive, a driver should yield the right of way to oncoming traffic. You mention a traffic light - and that the other driver came into the intersection on a red light. If the intersection was controlled by a traffic light then if you entered the intersection on a green light you would have had the right of way over someone with a red light.

Not having insurance has no bearing on fault. However, having no insurance may impact your driver's license. Hopefully you filed a report with the state on the accident.

If you are being sued- it sounds like a collection company may be suing you on behalf of the other persons insurance. Whoever is suing you will either have to prove at a trial an agreement you reached - likely by a written agreement indicating you would settle or by proving you were at fault- You should talk to a lawyer. There need to be more facts to be able to help sort out what you have going on.

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