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Tennessee Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Tennessee on
Q: Did I make a mistake of settling for $100,000 policy limit for a car accident that my medical bills were over 180,000

Should I have waited for a trial? The defendant only had $100,000 coverage with no property. I was told if I went over policy limits she may file for bankruptcy. My medical bills was paid through Medicare with came to me for $17000 due to them.

Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

A Tennessee attorney could advise best, but your post remains open for three weeks. If you signed the release and accepted the settlement, there's no point punishing yourself. You could ask your attorney if there are options with the lien - unfortunately, public agency health liens can... Read more »

2 Answers | Asked in Car Accidents for Tennessee on
Q: I was in a car accident in Tennessee and the other driver was over 21 but only had those learners permit. Is this legal?
Anthony M. Avery
Anthony M. Avery answered on Apr 16, 2021

He may have been licensed, and hopefully he is and had insurance. You need to be concerned about proving his liability and his ability to pay for your damages (such as insurance). If he was unlicensed, LEO's probably would have cited/arrested him. But that would not have been negligence... Read more »

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2 Answers | Asked in Car Accidents for Tennessee on
Q: Should I accept my insurance recommendation of taking 70-80% fault on accident claim against me?

My wife was backing out of her parking space in a school parking lot (2737 Kate Bond Rd, Memphis, TN 38133) in Memphis, TN. Front of school, parking area between baseball diamond and parking median. Wife pulling back driver coming fast around corner. Police were called and declined to come out... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2021

A Tennessee attorney could advise best, but your post remains open for two weeks. Regardless, any attorney will be reluctant to advise you to accept or decline a settlement offer. But as a GENERAL premise in virtually all jurisdictions, a car backing out of a parking spot is generally burdened in... Read more »

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1 Answer | Asked in Car Accidents and Land Use & Zoning for Tennessee on
Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have

One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 24, 2021

You have a number of issues here -

1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: Is it mandatory for THP to issue a citation for a single vehicle accident in the snow.

I slid off the road into a thicket of small trees. Truck has minimal damage and is still driveable, but had to be winched out. I'm not filing a claim due to only liability coverage. Did the trooper HAVE to issue me a failure to maintain control and exercise due care citations. I had no... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 18, 2021

No, the officer was not required by some policy to issue a citation. Depending upon your time - you could go to court to contest. But it may not be worth your time and money to do so.

1 Answer | Asked in Car Accidents for Tennessee on
Q: What is the exact TN code I need to cite in a letter requesting coverage limits from an at-fault driver’s insurance co.?

I have composed a letter to a policyholder’s insurance company by whom I was rear ended on December 18, 2020. I typed:

“I was involved in an automobile collision with your insured on December 18, 2020. The purpose of this correspondence is to request and demand, pursuant to [relevant... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 8, 2021

You do not have a right to find out about some tortfeasor's insurance. If it appears that no liability insurance was provided at the accident scene, then report the driver and vehicle to the DOS Financial Responsibility Section. This should put the driver's TNDL in jeopardy. You may... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Can I sue makers of generic ambien 3 years after being convicted of vehicular assault after ambien induced sleep driving
Bennett James Wills
Bennett James Wills answered on Jan 5, 2021

Can you sue them? Sure. You can pretty much sue anyone for anything these days. But you need to be careful for many reasons. Can you win? That's the question. Consult a local attorney to discuss the facts and issues related to the accident to determine whether you have any options.

1 Answer | Asked in Car Accidents for Tennessee on
Q: my son hit a car (rear end) on TN 109 he was cited for Due Care and 30 residency as he just moved here and has a WY

the TPR checked must appear iand it is a regular court date not traffic court why owuld this be. there are LOTS of accidents in Nashville area. he was not under the influence and does not have a CDL

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2020

It is possible the Son will be Booked but not placed in Jail and not go to Court at all that day. Call the Court Clerk and inquire. Usually this type of requirement is at the LEO's discretion. If possible he needs to bring proof of complete restitution to the other driver by his... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: I gave out my social security number at a desposition should i be worried
Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 15, 2020

For many many years people gave out personal information in depositions. In my 40 years of practice I haven't seen this as an issue. However, we are living in times where we need to be more protective of our personal information. In more recent years lawyers have allowed this information to... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: I bought a car Aug. 28,2020 I never received paperwork. I got into accident on Sep. 15 which wasn't my fault. After the

Wreck car lot started yelling I need a co signer. They've stated there is no contract. If they are taking the vehicle back do I have to use the couple thousand to fix the car or do.i have to give them the money?

Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2020

It does not appear that you are the titled owner, and may not have a Bill of Sale. The other driver could still sue you and the owner/lot. Also the Lot could possibly sue you, probably for the money agreed upon. There is no clear answer with the facts stated. I think I would return the car... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Tennessee on
Q: Can I go to jail for a civil warrant

Car wreck no injuries

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

A Tennessee attorney should advise, but your question remains open for three weeks. Instead of losing time continuing to await a response, you should consider reaching out to an attorney to determine what action is required, as time may be of the essence here. Nationwide, car accidents generally... Read more »

2 Answers | Asked in Civil Litigation, DUI / DWI and Car Accidents for Tennessee on
Q: How do I remove a commercial vehicle from my insurance? I still have title in hand because buyer has not made payments.

We had a handshake agreement for buyer(long-time friend) to pay for a commercial van. 2009 Chevy, agreement was $3500, 500/month, never paid. He was supposed to transfer plates and insurance to his name but didn't, so it is still on our commercial insurance. We do not have contact with him or... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

You should be able to get DOS to issue a new title certificate in the purchaser's name. Ask your County Clerk first, then call Nashville. Once issued send a copy to your agent, and try to deliver the title to the owner. Also that is probably a lease with option to purchase transaction,... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Step Father and Mother wrecked my car that I didn't have insurance on

My mother and stepfather took a vehicle i owned (she had a spare key) without my express permission and they wrecked...i did not have insurance cause i didnt drive that particular vehicle...my mother is willing to take responsibility without me having to sue her etc...but is that possible? She will... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 27, 2020

Your Mother needs to make arrangements with the other driver to pay them off. With the paid in full receipt, notify the Financial Responsibility Section of the DOS, with your license number.

1 Answer | Asked in Car Accidents for Tennessee on
Q: My boyfriend took the blame for a car accident when I was driving.

My boyfriend took the blame for an accident when I was the one driving. Will he get in trouble if he tells the truth since he went to jail over it and got a dui?

Paul E. Tennison
Paul E. Tennison answered on Aug 26, 2020

Seems he is already in significant trouble if he has been jailed and convicted for a DUI. If he now tells the police that you were actually the one driving then you will likely be charged and convicted for a DUI. It isn't clear to me if his DUI conviction will stand or they will instead charge... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: What can I do When a company is threatening to suspend my license for unpaid claim

I have a 8000 claim against me i have a letter threatening me to have my license suspended because of failure to pay but its a An unaffordable price to i make only enough to get by check to check and there not willing to work with me on the payments

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2020

Chapter 7 Bankruptcy with the ins company, the other driver, and the Department of Safety (with your TNDL number) all listed as unsecured creditors, might be your remedy here. Your present assets are what needs to be considered first. If sued, a notice of exemptions might help.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Financial Responsibility in accident

I know someone involved in a at fault wreck. They received at letter in the mail about surrendering their license and registration. They no longer have that car involved in wreck, will the state require their current cars registration or just the car involved in wreck?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 15, 2020

Financial responsibility is actually proof of insurance. To be safe, on the court date, I would bring proof of insurance at the time of the wreck and proof that you currently have insurance.

1 Answer | Asked in Car Accidents for Tennessee on
Q: I was hit by a Shelby county truck as he was pulling away from a drive up window. I was in motion going around the line.

Driver turned his wheel away from the window to exit and drove right into me. A witness from the Starbucks said he couldn't have seen me. My sedan is half his height. They are denying my claim. I have no copy of their report, no one from their insurance has come to take my statement or witness... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2020

You need to make sure your insurer is aware of the matter regardless how it ends up being handled. You don't want to prejudice your insurer. Beyond this - if the County isn't going to voluntarily pay - you will either need to let your insurer handle or file a lawsuit against the County.... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Nationwide insurance company revoked my License About 10 years ago I’ve been trying to get them back

Backed into A car in the park no court date no police officer I gave the guy my information I did not have insurance then I got a letter from nationwide insurance company to pay $1500 did not have it at the time and did not know where to send it to but would like to resolve this possible

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you have a TN DL, then call the TN Department of Safety, Financial Responsibility Section. Apparently you may have to get a release from Nationwide.

2 Answers | Asked in Car Accidents for Tennessee on
Q: My boyfriend got rear-ended driving my car without a license in TN, other driver drove off, will my full coverage pay?

I have full coverage: collision, comprehensive, uninsured motorist coverage, rental, emergency services. My boyfriend isn't under my policy, his license is expired. He got rear-ended and hit a pole, the car is totaled and the other driver drove off, will my insurance pay? They say they... Read more »

Jeffrey C. Kovalski
Jeffrey C. Kovalski answered on Jun 13, 2020

I believe your UM should apply. I would highly recommend you both seek the advice of a personal injury attorney.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: a witness lied to a police officer about a car accident, what do I need to do
Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 9, 2020

We will need more information to provide much of a response. You should tell the truth about the accident. But not sure what to suggest without more.

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