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Tennessee Car Accidents Questions & Answers
0 Answers | Asked in Car Accidents for Tennessee on
Q: Can you advise me of the element and evidence for proving an accident was stage?

I want to know the procedure and who would file a motion to get the original charges against the defendant dropped or a writ of mandate issued commanding respondent the court to vacate its order and charges.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Need help with a resolved insurance claim that has been reopened 15 months later.

On Aug 8, 2022, my then 18-year-old son, hit a 2014 F150 while backing out of a Texas Roadhouse parking lot resulting in a small scratch/dent in the right rear along with a broken tail light. We offered to pay for it out of pocket however, the insured would not return calls and we later received a... View More

James L. Arrasmith
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answered on Apr 7, 2024

In this situation, you have a few options to consider:

1. Review the initial claim documentation: Carefully review the original estimate, payment receipt, and the letter from the subrogation company stating that the claim was resolved and their file closed. Check if there was any mention of...
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2 Answers | Asked in Car Accidents and Personal Injury for Tennessee on
Q: What is a reasonable demand amount for my injuries ?

Whiplash

Straightening of cervical lordosis

Two disc buldges, c4 and c5

Spinal canal stenosis

Fluid on shoulder

Panic disorder, PTSD from wreck

Future surgery/treatment cost , roughly $100,000.00. Current medical bills $13,000.00.

The... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2024

That is a typical response from an insurance company. You need a skilled and experienced attorney.

The value is impossible to determine from these facts alone. Assuming strong liability and other positive factors, the insurance company is not even in the ballpark.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Yes I was in an auto accident in 2012 and was said to not hav insurance when I actually did have insurance. What do I do

I have a copy of the police report that states I did have insurance at the time of the accident.

Anthony M. Avery
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answered on Feb 26, 2024

Police Report is inadmissible heresay. Get a written declaration sheet from 2012 that you had insurance from the carrier by a policy number. Then start sharing a copy of it with the DOS's Financial Responsibility Section. If you got sued, then notify the insurance company to defend you... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: what's the best way to deal with the other party lying in a claim regarding a car accident?

I was driving straight on the right-hand side of the road, and the other individual in the Silverado exited a parking lot and made a left turn, resulting in a collision with the right-hand side of my car.

Both parties involved then got out of their cars and documented the incident by taking... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Tennessee attorney could advise best, but your question remains open for a week. One way would be to continue to negotiate or consider suit. Another would be to accept the offer if litigating the remaining 20% is not a cost-effective route. The best way? That would be an individual decision. Good... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: Should I continue to persue or settle my accident litigation case if the company that performed my surgery is being sued

My accident left me with back pain and i was referred to 2 doctor by my lawyers for my injections and surgery. My case is still open and i just found out that the doctors and their companies are being charged with RICO. Should I settle or still persue the case? My litigation case is being tried in... View More

Joel Gary Selik
Joel Gary Selik
answered on Jan 23, 2024

While the issues with your health care providers may affect their credibility, this can be addressed by good lawyering. This fact, alone, would not necessarily mean the case must be settled cheap.

2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 4, 2024

You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a... View More

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Can a accident appear on your MVR if I was not in the vehicle when my vehicle was hit?

Company Vehicle side swipe my commercial truck while I outside of truck and now it’s on my MVR affecting potential job since I have a recent accident

Anthony M. Avery
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answered on Jan 3, 2024

Yes.. Should have hired an attorney. You are lucky you did not lose your TNDL. You might contact the

Department of Safety, but it will probably do no good without demanding a hearing.

1 Answer | Asked in Car Accidents for Tennessee on
Q: If the individual they hit me was not at fault why was he guilty of backing away from the vehicle where the wreck was

For him to be not a fault why would he be have a problem he had a valid policy of St up yes they signed me the judge dismissed with no cost my points are still 0 and he's in jail for second revoke also to now he has never filed any claim against my insurance or he has never reported to his... View More

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2023

A Tennessee attorney could advise best, but your question remains open for a week, and it looks like the accident has put you in severe hardship. There are lots of issues in your post and some are difficult to sort out. One option for you in pursuing relief here could be to arrange a free initial... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: What should I do if I accidentally backed into a car and got out and spoke to the other person involved and gave my info

And didn’t make a report but now the other person made a report so I was arrested for leaving the scene of a accident

Anthony M. Avery
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answered on Nov 13, 2023

Hire an attorney to prepare for a Preliminary Hearing. Also you need to make a report to the DOS Financial Responsibility Section.

1 Answer | Asked in Car Accidents for Tennessee on
Q: GM, Can you tell me how to challenge the decision of a reindictment in a drunk driving and drug driving case.

Who would I submit the documentation to? I was a victim of a drug driving and drunk driving case where prosecutor wants to indict me but the accident was not my fault the driver was driving erratic driving and brake checking. I have a video where the motorcyclist was partying smoking blunts prior... View More

Anthony M. Avery
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answered on Oct 18, 2023

You use your evidence to defend yourself when you are charged by warrant or indictment. Give that evidence to your lawyer you hired. You cannot prevent the Grand Jury returning a true bill.

2 Answers | Asked in Car Accidents for Tennessee on
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... View More

Anthony M. Avery
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answered on Oct 13, 2023

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... View More

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1 Answer | Asked in Criminal Law, Traffic Tickets, Car Accidents and Juvenile Law for Tennessee on
Q: My son 17yrs has pleaded guilty to leaving the scene and has a court date of October 17th. Any advice will help

First offense

T. Augustus Claus
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answered on Sep 19, 2023

If your 17-year-old son has pleaded guilty to leaving the scene, it's important to familiarize yourself with the specifics of the state laws where the incident occurred, as penalties can vary. Before the court date, gather any evidence or testimonies that might be relevant to the incident or... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: If I hit a tree and left the scene of a accident can I be a charged
Anthony M. Avery
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answered on Aug 7, 2023

Yes...but it will be difficult to track you down unless somehow LEOs have your plate number.

1 Answer | Asked in Car Accidents for Tennessee on
Q: I was involved in car accident they are claiming I had lights and siren in my car they gave me a ticket

They gave me a ticket for reckless driving when clearly I lost control of my car on wet roads I had a intercom that you talk in and it had funny noses on but it wasn't hook-up what can I do cause they are saying this is my fault the roads were wet and it was bad out can I go to jail when I go... View More

Anthony M. Avery
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answered on Jul 21, 2023

Was there another vehicle? If so, then a conviction for Reckless Driving will be Negligence Per Se for any civil suit for damages. If not, several points will go against your MVR anyway. Hire an attorney to defend you against a problem you could not avoid.

1 Answer | Asked in Car Accidents for Tennessee on
Q: I sold a vehicle and they did not re-register it. That vehicle was in an accident and now I am being sued.

I sold vehicle in June 2021. I was just notified that the vehicle had been in an accident in Dec 2021 and it was still in my name. I had no idea they did not go get it registered in there name now they are suing me for $10,800. And I don't even know the person who was driving the vehicle. What... View More

Anthony M. Avery
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answered on Jul 17, 2023

You will need a TN attorney to represent you. There is some caselaw which helps you, but your actions and intent will have to be testified to. And you may be getting sued for alot more than the $11K, which could revoke your TNDL.

1 Answer | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: What family members have right to sue for wrongful death in Tennessee?

My sister was killed in a car crash in Tennessee. The driver is being charged with vehicular and reckless homicide. My sister (33) did not have a spouse or children. So who can sue for wrongful death? Can it be my dad, myself and my other sister together? Or is just my dad?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jul 10, 2023

I am very sorry for your loss. The statutory answer is in the below statute. I would suggest creating an estate and having the personal representative file any action. Beyond this Tennessee has a one-year statute of limitations. So be careful and don't let the time run on a claim.... View More

2 Answers | Asked in Car Accidents and Wrongful Death for Tennessee on
Q: My sister was killed in a car crash in Tennessee. (Wrongful Death) Can I sue along with my dad against the insurance?
Anthony M. Avery
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answered on Jul 11, 2023

Only a policy holder can sue his own insurance co. If the fatality was a 1 car accident, it could be very tough to make a claim against anyone. But an attorney should investigate it first. If another party is at fault without insurance, then you sue them and notify the carrier of UIM claims.... View More

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Can i remove my aftermarket audio equipment from the trunk of my totaled car from tennessee towing company

It's a non mounted subwoofer box and amplifer I put in my standard vehicle myself towing company says I can not have anything. I was hit by a drunk driver and car was a total loss

Anthony M. Avery
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answered on Jul 3, 2023

If it is worth the trouble, you might file an Action To Recover Personal Property in Sessions Court. You can argue the stereo is not part of the vehicle, but you might lose.

1 Answer | Asked in Car Accidents and Business Law for Tennessee on
Q: A big brand dealership did and engine repair on my car and they forgot to put coolant in it.It overheated and broke down

They sent someone to pick us up and told me to leave my key in the car and it would be towed within the hour. It sat on the side of the road for 7 days and it was vandalized and it's totaled. The dealership said my insurance has to do the claim bx they aren't responsible for it . Is that right?

Joel Gary Selik
Joel Gary Selik
answered on Jun 19, 2023

If they agreed to get it and you did not know they did not do so, you have an argument they are responsible. If your insurance pays they may pursue the dealership.

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