Elizabethton, TN asked in Car Accidents for Tennessee

Q: I am being offered a payout for my truck that is much too low.

It happened in Tennessee, and the incident was not my fault (the other driver broke the law, crossed a double line on a small two lane road while trying to pass someone.) they hit me head on and totaled my truck. Now the insurance company (hers) is offering me a payout for my truck that is much too low. 10,000 too low. The insurance company has been pushing me to sign paperwork stating that I agree with this payment amount. I don’t.

What can I do?

This has been really stressful and I have missed several days of work, costing me more money. After a week in a rental car, now the insurance adjuster, without me agreeing to a payoff amount, is saying they will only cover my rental for the next 3 days.

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: If you do not agree to their offer, then hire an attorney to sue the other driver for property damages. Hopefully the driver was cited for rule of the road violations which were adjudicated as guilty verdicts. That would make his negligence per se. Otherwise, you will have to prove his negligence and the value of the truck prior to the wreck. In the mean time, it is up to you to provide your own transportation. 3 year SOL.

Tim Akpinar agrees with this answer

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

A: Try to arrange a free initial consult with a Tennessee attorney. As my colleague correctly advises, your option may come down to suing. Good luck

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