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Tennessee Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Tennessee on
Q: Daughter was in a wreck (other party is 100% at-fault)

At-fault party's insurance is State Farm who I have been fighting with over valuation (they decided that her car should be totaled). They are way off of what local comp value is locally. I asked for additional compensation for loss of use and economic damages, but they blew me off and... View More

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

There's nothing wrong with you contacting the direct party, but I'm not sure it will be worth your time. Most people are just going to defer to their insurance, and I doubt the adjuster is offering anywhere close to their policy limit, so it's just going to circle back to the... View More

2 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

Anthony M. Avery
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answered on May 17, 2024

If you have insurance, notify them today of the wreck and claim. If no insurance, expect to lose your TNDL, and hire an attorney to represent you. When served, you might also file a Notice of Exempt Property if you are not rich, which should curtail the plaintiff's enthusiasm. An Answer... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

If it's still available (difficult to say after three weeks - the time of your original post), you could try to obtain and review video surveillance footage (or your insurance carrier could), if you are confident that you did not hit the door of the other vehicle. As my colleague mentions,... View More

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2 Answers | Asked in Car Accidents and Business Law for Tennessee on
Q: I am having trouble finding a lawyer to help with a commercial property damage claim/insurance company.

Someone drove their car into our building and it took out our HVAC unit/ductwork and damaged the metal building wall through to the inside. The insurance company refuses to pay the full amount - they approved the estimate we sent but insist on depreciating the value of the 5 year old unit which... View More

Anthony M. Avery
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answered on May 17, 2024

Hire an attorney file suit against all liable parties, such as driver, car owner, lessor, etc. If under $ 25K in damages, I would sue in Sessions to get to Court faster and cheaper. But you will probably have to try it twice that way. Owner may be judgment proof, so expect to recover from... View More

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2 Answers | Asked in Car Accidents and Business Law for Tennessee on
Q: I am having trouble finding a lawyer to help with a commercial property damage claim/insurance company.

Someone drove their car into our building and it took out our HVAC unit/ductwork and damaged the metal building wall through to the inside. The insurance company refuses to pay the full amount - they approved the estimate we sent but insist on depreciating the value of the 5 year old unit which... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

Unfortunately, the depreciation issue you mention does confront claimants in property losses such as yours, depending on the carrier and their philosophy toward customer service. My colleague raises a good point - explore the liability of all parties involved. Also review your policy. While the... View More

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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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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

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

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

As my colleague advises, ask your assigned defense attorney for their input. They're going to probably tell you to consult with an outside counsel whose interests are solely yours. But that can cost money. Find out as much as you can from your defense counsel what they foresee in terms of the... View More

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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: recently had accident in my car. i hit a women in the rear and she hit a car in front of her. am i responsible for his

am i responsible for the car that was in front of the lady i hit? i done paid for her car. i had no insurance at the time but i do have a vaild tn license.

Anthony M. Avery
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answered on Nov 12, 2024

Yes, you are liable for all damages caused by your negligence. Contact the front vehicle and settle up with a paid in full receipt. DOS may want copies of those receipts to keep your TNDL.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Tennessee on
Q: I have a complaint with Auto Insurance Co regarding clarifying my vehicle as Salvage title

I have a complaint with Auto Insurance Co regarding clarifying my vehicle as Salvage title I believe they provided a LOW value to the damaged vehicle even though I test that the repairs are less than 75% value of the actual value of the vehicle. Even at their LOW valuation the repair costs are... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2024

A Tennessee attorney could advise best, but your question remains open for a month. Your frustration is understandable - these can sometimes be tough cases, where repair estimates are in the same range as statutory thresholds for total loss declaration. One option could be to reach out to your... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Tennessee on
Q: My boyfriend was driving home from work in Dec 23 and dozed off behind the wheel. He woke up in time to swerve and avoid

hitting someone, so he kept going. Someone called it in, he learned what had happened and he went to court, plead guilty to driving left of center and leaving the scene, he also lost his job as he was driving a company vehicle. Now, almost 9 months later, he received a letter from the state... View More

Anthony M. Avery
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answered on Sep 11, 2024

He needs to talk to DOS immediately about his MVR. There may be problems that can be paid off. An administrative hearing might help also. Hiring a lawyer quickly may help.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Is it too late to retry a car wreck case that was dismissed in 2021

My lawyer actually told me when they called me on my birthday that year that I should sue them for not working my case properly

Anthony M. Avery
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answered on Aug 30, 2024

It sounds like the dismissal is final on appeal. SOL on attorney malpractice has also probably run.

SOLs are fact specific, so you might hire an attorney to check it out carefully.

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: 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.

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.

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