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Tennessee Car Accidents Questions & Answers
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

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 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 Traffic Tickets, Agricultural Law and Car Accidents for Tennessee on
Q: Is it illeagal to pass a double yellow lone on county rd to overtake a farm tractor to the leftt in tennessee?

I greatly appreciate your time and any help concerning this situation. Recently i was travelling on a tn county rd with double yellow lines. I was approaching a slow moving farm tractor (travelling less than 25 mph) , i began to slow but had sufficent sight to know there were no on coming hazards,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. I hope you're okay after three vehicle flips. In most jurisdictions, you can't cross a double yellow line to pass. There are limited exceptions for turning into lots or streets. But that's only a... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... View More

Tim Akpinar
Tim Akpinar
answered on May 29, 2023

It could be difficult to offer an "average settlement amount." There are too many variables involved. Liability appears to be clear-cut, based on your description. That makes things easier. Now it will be a matter of reviewing the medical records in detail. Those findings, and the impact... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Average settlement amount?

I know there's no accurate amount that can be estimated here but I was wondering.

Rear ended by a negligent teenager who was texting. I received serious whiplash, cervical lordosis, cervical stenosis, a back brace. My passenger received a concussion, post concussion syndrome and... View More

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

There is no "average" settlement amount. It all depends on how much you have been damaged and how good your attorney is in convincing the other side of the risk and exposure. The amount of insurance coverage also determines, including your own "under insured motorist" coverage.... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Tennessee on
Q: Do we need two separate demand letters ?

Sister and I were rear ended at a high rate of speed. She was my passenger. We were both injured and had medical treatment. We have decided to fire our lawyer due to lack of communication. We have also decided to negotiate with the insurance company ourselves. With that being said , do we need to... View More

Anthony M. Avery
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answered on Apr 3, 2023

Those are two different causes of actions, so two different demand letters, by the respective claimants only, would be better. But you definitely need an attorney. There are tons of PI lawyers, but on a rear ender with good liability, any decent lawyer should be able to handle it. Damages are... View More

1 Answer | Asked in Car Accidents and Employment Law for Tennessee on
Q: Is my valeting car employer able to track me down to pay for damages?

I used to valet cars for work and I had a mishap that caused 6k in damages. I no longer work there but it states I am liable for half the cost of the damages, but it states it will be reduced from the paycheck. Are they able to track me down and make me pay when I no longer work there?

Anthony M. Avery
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answered on Mar 29, 2023

If they sue you and get a judgment for money, then they may try to collect from you. Generally a Judgment is good for 10 years but might be extended in a few ways. As your present employer they can deduct from your salary in various ways. If sued, hire a TN attorney to defend you and possibly... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: I had a wreck in a enterprise rental car I was t boned. I received a ticket for not providing insurance. 03/23/2022

I went to court they dismissed the ticket. When I rented the car I had told them I wanted their insurance and it is on my agreement. I sent in the accident report now the state is taking my license and I have to pay for the other vehicle enterprise said if I didn’t have insurance they would... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 13, 2023

First of all, if you were not at fault in the accident then you (your insurance company) should not have to pay anything to the other driver. That said, what you need to do now is to notify your insurance company of the auto accident and let them review this matter and let you know whether or not... View More

1 Answer | Asked in Car Accidents and Personal Injury for Tennessee on
Q: i was in a three car accident

I was the last car and I could safely make the adjustments needed to avoid the accident but the car infront of the second car spun out of control and I tboned them who is at fault and should i get a lawyer to help me fight my case in court? Noone was seriously injured but we all went to the... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

You should definitely report the accident to your automobile liability insurance company who should appoint an adjuster and attorney to assist you.

Gathering and preserving evidence at this point is vital should a lawsuit be filed in the future.

It is unfortunately not uncommon for...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: My neice was driving my car and hit someone at the time I didn’t have car insurance now my license is revoked

The insurance is suing me for 15,000 is there anything I can do so I can get my license back and have my neice pay since she the person responsible

John Michael Frick
John Michael Frick
answered on Feb 6, 2023

Ordinarily, the person negligently operating the motor vehicle is responsible for any damages caused by the negligent operation.

A person negligently entrusting their vehicle to another is responsible for any damages caused by the negligent entrustment.

So it depends on the facts...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: Insurance comany denied my claim for an accident with one of there policy holders. What legal actions should i take

I was told the pplicy holder wasnt in the state and he didnt own that slecific vehicle, also that i filed the wrong vehicle in the claim. I have a licture of the insurance card and he was already proved at fault through my insurance

Anthony M. Avery
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answered on Dec 1, 2022

There is no proof until trial. And you may have to go through one. Hire an attorney to represent you for any personal injuries or property damage. It appears the insurance company is denying liability and refuses to pay, so an action must be filed.

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.

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 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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