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Tennessee Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: Attorney for Allstate and at fault driver has been delaying my case by lying saying she's out of the country.

I stopped medical treatment in August of 2017 and the case has been delayed until March 2020. Can I bring separate claim against Allstate?

Anthony M. Avery
Anthony M. Avery answered on Oct 3, 2019

No, you have no contract with Allstate. The insurance co. is probably not a party, just representing their insured. You probably need an attorney who might file a Motion for Summary Judgment. I hope you have adequate proof of your medical damages.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Tennessee on
Q: Can an auto insurer in TN deny claim 2 because it also requires repairing claim 1 which they denied?

Claim 2 would have required repairing the damage again had they paid the first claim. The car was safely and legally drivable despite body damage. I'm in Nashville.

Anthony M. Avery
Anthony M. Avery answered on Sep 30, 2019

Insurance companies refuse coverage like that all the time. Your only recourse is to sue for breach of the insurance contract. It may or may not be worth your while to hire a competent attorney.

2 Answers | Asked in Civil Litigation, Contracts and Insurance Bad Faith for Tennessee on
Q: Do most insurance companies settle out of court
Tim Akpinar
Tim Akpinar answered on Jun 19, 2019

If you're talking in the realm of accidents, many settlements do take place out of court. It could all depend on the case. If both sides are more or less aligned on who is at fault, they agree on their figures for reasonable damages, then they will likely settle out of court. If they can't agree on... Read more »

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1 Answer | Asked in Civil Litigation, Criminal Law, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: When your license gets suspended for not being insured Do they revoke all registrations in the vehicle owners possession

I was in an accident and i was uninsured. So i got a ticket and license suspended. Does this on affect the vehicle that was in the accident?Or does that include both of my vehicles?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jun 12, 2019

If I understand your question correctly, I think you misunderstand the difference between your LICENSE and the vehicle REGISTRATION. these two things are not the same. Your license is for you only- it is the authorization that you can legally drive a vehicle ( ANY vehicle, even one you don't... Read more »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: I was involved in accident the guys insurance company is telling me I'm 20% at fault. He got a ticket for the accident.

He was ticketed for straddling lanes and improper lane change. I'm I responsible for getting my vehicle repaired as I'm being given the run around by his insurance company. I was also told I'd be responsible for 20% of a rental or cab fees.

Peter N. Munsing
Peter N. Munsing answered on Dec 16, 2018

This is why you need to contact a lawyer after a crash. This sounds like the usual insurance baloney where they try to say you are 10,20.30% at fault based on---well, it's an "accident" so it's no-one's fault (until they are trying to soak you for contribution).

1. I assume you've had your...
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1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Is it legal for an insurance company to cancel the homeowners policy because our roof is nearing the end of its life?

We just closed on the home and have gotten several professional opinions in writing that our roof is fine and even has several years left.

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2018

Your question has nothing to do with real property. Besides the roof condition, you must read your Insurance Policy. That Contract will control your rights. In the mean time find another Carrier now. Non Insurance is a Default under your Deed of Trust. It is very doubtful that after you get... Read more »

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Can a insurance company send a summons 2 years after a wreck in 2016 when my insurence company didn’t contact me?

I had a accident in 2016 on a wet road and at fault for sliding across the road into another vehicle. I had insurance at the time and wasn’t notified that I would be in a lawsuit for the car I hit. This lawsuit was sent 2 years later but filed in 2017 4 days from making the accident a year old.... Read more »

Thomas Walter Tucker
Thomas Walter Tucker answered on Mar 27, 2018

If you had car insurance at the time of the accident, contact your insurance company to let them know of the lawsuit. They should protect you pursuant to the policy, which would include an attorney. If you did not have valid car insurance, you are on your own but should consider contacting an... Read more »

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Traffic Tickets for Tennessee on
Q: If I went to traffic school for a failure to yield accident am I still responsible for the other cars damages?

When I told the judge I wanted to fight the failure to yield left he gave me the option of going to traffic school since it was my first accident. The other cars insurance is now asking me to pay 5,000 dollars in damage. My car had more damage and my quote was way less then $5000. My insurance is... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 6, 2018

Going to driving school may impact your ticket. But it doesn't impact who is at fault in the accident- unless you were found guilty. Then it might be admissible as to fault. I am assuming you pled not guilty and received diversion if you attended driving school.

You and your insurer...
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1 Answer | Asked in Divorce, Health Care Law and Insurance Bad Faith for Tennessee on
Q: we have been divorced 14 years. He says he cannot get health insurance this year. i have to because he cannot qualify.

It is in the divorce decree that he maintains health insurance.Do i pick up the insurance since he is claiming he cannot?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 9, 2018

Your question does not specify, but I assume this health insurance is for minor children? If he provides documentation that he has been turned down/does not qualify, then I would purchase substitute insurance. ( Its always better to have some health insurance in the event of unforseen medical... Read more »

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Car was in an accident now the person at faults insurance company refuses to fix damages. What do I do?

I got into an accident no fault of mine. The other persons insurance company looked at my car and is now refusing to pay to have it fixed, or totaled whichever needs to happen. They said due to previous damage, that I was unaware of because when I financed the car, I was given a clean Carfax,... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 19, 2017

You may have to bring a lawsuit against them to make the insurer pay for the damage. You can turn the claim in to your insurer to have the car repaired and your insurer may pursue the other company as well as your deductible.

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1 Answer | Asked in Car Accidents, Insurance Bad Faith, Libel & Slander and Personal Injury for Tennessee on
Q: How to sue my ex girlfriend for damages to another car in an accident, stealing and totally my car, the person suing me

I was in the hospital at the time of the accident and she found and stole my spare key to my car and ending up totaling it

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

If you had insurance that should cover the suit. Even if they say they aren't covering the event,you are being sued and they should cover you, and get you an attorney. That's what you pay insurance for. They will go after your girlfriend.You can also sue her for the loss of your car but you may be... Read more »

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Tennessee on
Q: What can I do about hit and run?

Was gently rear-ended while driving on a busy but narrow 2 lane road. I pulled into a nearby driveway thinking the person who hit me would follow. He drove on by but I got his license tag. I examined the car and there was damage. Didn't know what to do so headed home and then called the police.... Read more »

William Head
William Head answered on Aug 17, 2017

You can identify the driver and the vehicle. This is a crime. Call back to talk to a desk sergeant, to see why no one has called you back.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Car Accidents for Tennessee on
Q: I was involved in an accident with a motorcyclist. My insurance company left me under-insured though they knew about my

assets because they were covering them. Can I sue my insurance company to pay what I've been sued for? To add insult to injury, they provided me with a lawyer who did not defend me and was responsible for browbeating me into signing away all I have.(my home) in a mediation. I'm 85 years old and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2017

You should make an appointment and see a lawyer. There are a lot of details that would have to be discussed before an answer could be given. Tennessee has a short statute of limitations - so don't wait. Most lawyers will do an initial consultation for free.

1 Answer | Asked in Contracts, Insurance Bad Faith, Consumer Law and Small Claims for Tennessee on
Q: Can I take a moving company to small claims court for non-delivery of shipment?

I recently re-located from MD to TN. I hired a moving company to ship some household items to TN that were picked up on June 26 in MD. Per the company's written delivery schedule, items should be delivered between 1- 14 days. It has been 32 days since they were pick up and still no delivery. The... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2017

You can take them to court. But look at your contract. There may be some requirement that you arbitrate, or submit the matter to mediation first. I would suggest you contact the moving company and tell them you are giong to contact the police / district attorney as to his if the furniture is not... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Tennessee on
Q: Is it legal to file and receive theft claim on a foreclosed home when the insurance policy holder has been dead for 2yr?

My mother passed on 8/23/15. I tried to take over the payments of her home considering I am her only living heir and those checks were sent back to me untouched. I went to court on 2/28/17 over foreclosure, tried to speak to the judge and he shut me up fast stating we were there for a... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 17, 2017

Your case does not have anything to do with criminal law. More than likely the insurance policy was paid for by the lender who held the note and deed of trust, which undoubtedly paid to the first lienholder prior to anything going to the homeowner. You may be able to make a complaint with the... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Insurance Bad Faith and White Collar Crime for Tennessee on
Q: My late mother paid a mortgage co for title insurance but they never done one, is that illegal?

My mother paid a mortgage co for title insurance in 2007. The mortgage company did not do the title search until after my mother's death 8 years later, thus finding out the land wasn't signed off by my uncle back in 5/02, leaving him owning a security interest in the land. The title company is... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 17, 2017

You have not provided all of the necessary data, but I can tell you this much. It appears that your uncle has a superior or first deed of trust on the property.. It may include fixtures also, and if the mobile home does not have wheels, it might be arguably affixed to the land and part of the... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Small Claims for Tennessee on
Q: Is there a time limit on the car insurance company issuing the reimbursement check after making a settlement agreement?

And then the check didn't come for 2 months causing many additional costs I want to be compensated for.

Peter N. Munsing
Peter N. Munsing answered on Oct 30, 2016

they are supposed to get it out promptly--within short time. If you were hurt contact a member of the Tenn Assn for Justice--they give free consults.

You can ask them to pay; if they refusce contact the consumer counsel for your state AG's office.

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: An insurance agent here in TN claims he doesn't owe me balance of canceled premium b/c of cancelation fee? Legal?

An insurance agent in TN is claiming that he doesn't owe me the balance of the premium paid on an auto insurance policy because the "cancelation fee" cancels it out. It is my understanding that insurance is regulated by the state in TN and that in the event of a canceled policy the broker must pay... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 12, 2016

Ask him to show you where the policy talks about a cancellation fee.

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Q: My auto insurance has been automatically renewing my policy& bill my debit w/o my consent/knowledge for 2 YEARS! HELP

Insurance company has been billing my credit card for the last 2+ years without my knowledge or consent. I haven't had that car in 2+ years. They automatically renewed 2 years of monthly payments without my knowledge or consent. I was never contacted in over 2 years. My car died, I sold it for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2016

They can't wait two years then hit you. If it was monthly, you would have seen it on the bill.File a dispute with the credit card company immediately if you didn't already. Where did you have correspondence with them before? Look for paperwork using your alternate address--like when your car was... Read more »

Q: Can i get a general dismissal release thrown out he lied to get me to sign it. based on what the car lot owner said?

He said he fixed it. He made it a worse problem and now I had no headlights. But he gave it back an I payed truck note an insurance by friday night. Court was Thursday. He repoed it Saturday stating it was him exercising his right not to sell it to me. I havent been able work lost jobs an now... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2016

Not sure what is going on here and who the person is. Suggest you contact a consumer attorney go to www.naca.net

However they won't be able to do anyhing for your financial situation immediately so you need to develop a plan to meet your needs to get to work, etc.

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