Ventura, CA asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

His insurance co paid the damages but not $900+ in fees charged by the rental company. Do I need to file a small claims case in TN or where I live to try to recoup damages?

3 Lawyer Answers

Leonard Robert Grefseng

  • Collections Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

Mr. James Charles Wright agrees with this answer

Mr. James Charles Wright

  • Personal Injury Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: I am sorry you are going through this. I agree with the answer by Mr. Grefsent. Unless you can find the Driver or the owner of the vehicle in your state and serve them in your state- you would have to file a claim in Tennessee. You need to make sure that you may not have released your claim by accepting the other amounts from the insurer. Make sure you haven't signed something releasing your claim. Good luck.

Peter N. Munsing

  • Personal Injury Lawyer
  • Wyomissing, PA

A: If that insurance does business in your state you could if Tennessee imposes on them a duty of fair claims handling. If you were hurt consult a member of the Tenn. Assn for Justice--they give free consults. If you weren't, contact the Tenn Insurance Commissioner after confirming in writing with them that they refuse to pay the rental. They have a duty to promptly AND FAIRLY resolve PD claims.

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