Lawyers, Answer Questions  & Get Points Log In
Tennessee Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: Will a TN judge dismiss a due care ticket if the other vehicle has been repaired?

I was in an accident in Morristown TN and received a due care ticket. A car was behind my trailer and I could not see him in my mirrors when I backed up. If I can prove the vehicle has been repaired and the police officer and other party do not contest, will a judge dismiss the ticket as long as... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 16, 2019

If you or your insurance paid for the other vehicle's repairs, then get a paid in full receipt from them. At Court this will help getting the Failure To Exercise Due Care Citation dismissed. More than likely noone opposing you will show up at Court. Even if they do, be respectful to the Court... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Do I suppose to receive any money from a car accident I was in even though I wasn't hurt
Tim Akpinar
Tim Akpinar answered on Oct 15, 2019

A Tennessee attorney could answer you best, but your question remains open for a week. If you were not hurt, you do not receive money. That's the simple answer. If you were not hurt but were driving your vehicle, and the other vehicle was liable, you could have the right to bring a claim for... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: In a traffic accident and was at fault in TN but from GA. Told I have to go to court. Do I need/should I get attorney?

I am unfamiliar with the traffic laws of TN and have never been to court before. It was for running a stop sign. I am not being sued and neither car was totaled. Please let me know if it is required to have a lawyer. If not, why would I need to get one if it is not required for me to have one... Read more »

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

Being liable for tort damages is one thing. But the amount of damages is another. If you were sued then hire a competent attorney to represent you, to at least lessen the amount of damages. That judgment might follow you to Georgia.

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 Car Accidents for Tennessee on
Q: A Person hit me and it was there fault

A

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 10, 2019

If the car had insurance then the claim can be turned into the owner's insurance company. Also make sure your company is aware of the loss. If you have insurance the claim can either be handled under your uninsured/ underinsured motorist coverage- or if you have full coverage then your company... Read more »

View More Answers

1 Answer | Asked in Car Accidents and Criminal Law for Tennessee on
Q: If I lied to police about someone stealing my car and they did a hit and run. But I actually know the person driving.

Will I get in trouble for recanting what I said about not knowing who was driving and finally admitting who the driver was?

Cayley Turrin
Cayley Turrin answered on Jul 28, 2019

If you know the person that stole the car but you gave them permission to take it potentially you can get in trouble. But if you knew them and didn’t give permission to take the car then no.

3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Tennessee on
Q: I got in an accident had to go to ER. Car was totaled other person was at fault. I didn’t have insurance at accident.

I didn’t have insurance during the accident and the other insurance company called and said they will not be covering my bills. What do I need to do about this, is there anything I can do?

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 25, 2019

The other driver's insurance is not required to advance or pay your medical bills at this point. Some adjustors will as a courtesy- but again not required to and often times not done- so don't take that as a reflection that the insurer is denying fault or that the insurer is taking some negative... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: I have a accident case going lawyer trying settle for 9,000 how much will he recieve
Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 23, 2019

You should have a written contract with your lawyer that spells out fees. Either look at the contract or ask the lawyer for a breakdown of fees and expenses and a copy of the contract.

2 Answers | Asked in Car Accidents for Tennessee on
Q: If I Told the other driver I didn’t want to call police/insurance/file but I have thier name. can I change my mind?

Got rear ended but I figured everything was ok and I told the other driver I didn’t want to file a report. But they offered to fix scratches out of pocket. I didn’t take pictures or file a report but now I would rather go through her insurance. I have her name and number that’s it. Can I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 11, 2019

You can. Hopefully you have the person's name and contact information. If they don't return your call and you don't have their insurance information you should send them a letter asking for them to contact you. If that doesn't work there are some other steps. But let's see if this works. If... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: I have a charge of financial response 55-12-139 .. If I show that I have gotten ins. Since my car wreck

what are the odds

Peter N. Munsing
Peter N. Munsing answered on Jul 11, 2019

Better but the problem is it won't cover you for the damage to the other vehicle. If there was no damage to someone else not a problem. If you were hurt and it's not your fault, contact a member of the Tenn. Assn for Justice in the county where it happened--they give free consults.

2 Answers | Asked in Car Accidents for Tennessee on
Q: Didnt report an accdent have witness that I stayed 3 hrs trying to get truck out of ditch, no injuries or damage.

Dodged a deer, got stuck in ditch. Didn't call the police. No one was hurt, truck not damaged. No property damage. Stayed 3 hrs trying to get several ppl to pull it out, but no one could. A neighbor said that in the morning her husband coukd pull it out with a tractor. So we all went home. The... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2019

You probably committed the charged offense. But a General Sessions Judge might Dismiss it. But you will still have to pay for the impoundment fee and maybe other costs. If he finds you guilty, it should not affect your License, and if it does, demand a DOS Hearing.

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: If buying a financed car that is a total lose. Am I responsible for finance charges rendered up purchase.

I were ten months from purchasing the vehicle....

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 27, 2019

If I am understanding you correctly, your car was totaled in an accident. Your car was financed and you are wondering if after the accident you continue to be responsible for the payments for the vehicle.

You would still be responsible under your contract for purchase. Whoever is...
Read more »

2 Answers | Asked in Car Accidents for Tennessee on
Q: Is there any way to get the addtl $ to repair damage to my car? Ins co values car at $2900 and repairs are $4K+.

Nafa all I want is my 2003 Acura put back the way it was. Geico is claiming a total loss because it needs a rear quarter panel. Based on the condition of the vehicle prior to this accident it was valued at $5K.

Peter N. Munsing
Peter N. Munsing answered on Jun 15, 2019

It's their choice to give you either the total loss value or cost of fixing. If you say it's valued at 5k then your argument is that their total loss value is incorrect. If you were hurt I suggest you contact a member of the Tenn. Assn for Justice--they give free consults.

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: Hi - I was in a car accident in the state of Tennessee but was really in no condition to file an injury claim.

At the time and basically haven't recovered due to a brain injury suffered in the accident. My question is then, are there cases where lawsuits can be filed after the 1-year statute of limitations? Is anything from the car wreck considered in the judgment? Or is it an absolute that you have to... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Unfortunately the only thing that can sometimes void it is some type of latent injury (and that may not) or fraudulent concealment to avoid service (which presumes you tried suing them). Call a lawyer or two to see--most members of the Tenn Assn for Justice give free consults.

3 Answers | Asked in Car Accidents for Tennessee on
Q: I was sideswiped on the expressway by a truck I had no way in getting over due to being in the outer lane, at the scene

I was told it couldnt be determine who was at fault...paperwork now show I was at fault, do I have a case against the driver who knocked me off the road

Anthony M. Avery
Anthony M. Avery answered on Apr 29, 2019

The Accident Report is inadmissible in evidence, but insurance companies will usually act in accordance with them. You need to photograph any evidence on th e roadway/emergency lane such as skid marks prior to them disappearing. And yes you can still sue for your property damages, but it will be... Read more »

View More Answers

1 Answer | Asked in Business Formation and Car Accidents for Tennessee on
Q: How long does a towing company have to hold your car before they can sale it
Peter N. Munsing
Peter N. Munsing answered on Apr 19, 2019

For starters look at the paperwork they gave you. Big problem is the storage charges which they can still rack up. At $30 or more a day most companies will keep the wrecks as potential money makers.

1 Answer | Asked in Car Accidents for Tennessee on
Q: What is the offense level of a failure to yield resulting in an accident that does NOT result in serious bodily injury?
Anthony M. Avery
Anthony M. Avery answered on Apr 9, 2019

Usually that would be a Class C Misdemeanor. 30 Day possible Sentence.

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: I had an accident which was faild to merge. After 2 days, I got a citation to attend the court for the same reason in TN

For the accident the road was closed without sing.

What is going to happen with my driver license? I just got it less than a month.

Peter N. Munsing
Peter N. Munsing answered on Apr 6, 2019

Depends what you were charged with. Get the police report. See if there's a video. Get photos of your car. Consider hiring an attorney who hanlde tickets if you can afford it. Respond to the summons.

1 Answer | Asked in Car Accidents for Tennessee on
Q: was involved in an accident late 2017 I did not have insurance, and the person I hit had no license what are my optIons

Person I hit had their car insured, however I feel like they’ve been trying to bully me, and they ignored my multiple attempts to contact before this became a state matter

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

If you are sued for Tort Damages, then you need to defend yourself. Possibly hire an attorney. It sounds like the wreck was your fault, and without insurance, the Judge will probably give the Plaintiff a Judgment for money damages. If you do not appeal or pay, then either him or his Insurance... Read more »

3 Answers | Asked in Car Accidents for Tennessee on
Q: I bought my dad's vehicle the car had no insurance I was driving home and got into a accident .who will they go after

Ididnt have time to register vehicle or get insurance

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

You as the operator, and your Father as the vehicle's owner, are both potential Defendants in a suit for Personal Injuries and/or Property Damages.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.