Tennessee Car Accidents Questions & Answers

Q: How long does a towing company have to hold your car before they can sale it

1 Answer | Asked in Business Formation and Car Accidents for Tennessee on
Answered on Apr 19, 2019
Peter N. Munsing's answer
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.

Q: What is the offense level of a failure to yield resulting in an accident that does NOT result in serious bodily injury?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Apr 9, 2019
Anthony Marvin Avery's answer
Usually that would be a Class C Misdemeanor. 30 Day possible Sentence.

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

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Answered on Apr 6, 2019
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Apr 3, 2019
Anthony Marvin Avery's answer
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 Company will report you to the Department of Safety for Lack of Financial Responsibility. The State will then revoke your TN DL. A Chapter 7 Bankruptcy might be a good option. Also the Judgment...

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

2 Answers | Asked in Car Accidents for Tennessee on
Answered on Apr 3, 2019
Anthony Marvin Avery's answer
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.

Q: Can I be charged with immediate notice of accident if no damage was caused to either vehicle?

2 Answers | Asked in Car Accidents for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
There are several Rule of the Road Violations that you might be charged with, but it is very doubtful... If something happens, then hire a competent attorney to represent you. Do not ignore a Citation, Summons, Civil Warrant or Notice from the Department of Safety.

Q: A man got out of his car with a bat and hit my car and hit on my door window telling me to roll my window down

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
If you wish to press Criminal Charges, then call and go see the Police or Sheriff's Office. Be prepared to describe the attacker and his car.

Q: My elderly father in law has alzheimer's , was in a car accident that was his fault. Can the insurance company sue him?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
The other car's Driver, Owner or Insurance Carrier, can all sue the other driver which caused the wreck. If your Father had Insurance then he should let them handle the Claim. If not, expect to at least have his License suspended for Lack of Financial Responsibility, and possibly other Rule of the Road Violations. You need to talk to a competent attorney about whether his Assets are vulnerable such as Real Property

or his Bank Account.

Q: I got a ticket in Walmart parking lot for failure to use due care. Should I go to court or pay it?

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Answered on Mar 27, 2019
Anthony Marvin Avery's answer
From your facts it does appear to be your fault, that is a Rule of

The Road Violation occurred. If you plead Guilty and pay the Citation, it will appear on your MVR. You may wish to hire a lawyer to represent you, so something besides a conviction might go down. Your Insurance Company might help, but it is doubtful. Your Lawyer might work out some type of Restitution for the Victim, where the Citation is Dismissed.

Q: No judgment in court on an accident..its been 2 years now trying to revoke my license

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Mar 21, 2019
Peter N. Munsing's answer
likely. I am assuming you had no insurance. See if you can get the clerk to show that there is no open case or closed case with a judgment against you.

Q: Me and a construction company are in one county, they damaged my car in a second county. In which county do I file suit?

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on
Answered on Feb 27, 2019
Mr. James Charles Wright's answer
You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

Q: I was merging into the right lane from the left lane when the car in the right sped up and hit me. Am I at fault? :(

3 Answers | Asked in Car Accidents for Tennessee on
Answered on Feb 22, 2019
Mr. James Charles Wright's answer
If the other car hit you in the rear this would tend to indicate the other driver has some fault. You have a duty to make sure before changing lanes that it can be done safely. If truly you were making a lane change and the other driver sped up then probably more the other driver's faut than yours.

Q: I drive a commercial vehicle and hit a parked car in a parking lot what is going to happen to me

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Feb 21, 2019
Anthony Marvin Avery's answer
Hopefully either your employer or you had liability insurance. If the damaged car's owner is not paid for his damages, then either him or the police can report you to the Department of Safety for failure to abide by the Financial Responsibility Statutes, which will suspend your Driver's License. Otherwise nothing will happen.

Q: If a person riding a bike in crosswalk in AR is hit by speeding car (another car Had stopped) who is at fault?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 17, 2019
Mr. James Charles Wright's answer
If this happened Arkansas an Arkansas lawyer should answer. Generally a bicyclist on a bike is a "vehicle" not a pedestrian and the rules would apply. Whoever has the right of way in the intersection, the other vehicles will need to yield the right of way.

Q: If no one is ruled at fault and one driver doesnt have insurance can the driver that didn't have insurance be sued?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 9, 2019
Peter N. Munsing's answer
Someone can be at fault even if no one charged. She has a duty to inch out if her view is obstructed and to take an alternate route. If she has no insurance bigger problem is that her license could be suspended.

Unless there's some reason to believe the other person is at fault, the only other option is a possible claim against the owner of the obstruction, but if the obstruction is permissable under the town and state codes that's another question.

Q: my truck was hit by another driver ,repairs are being made but im concerned about resale value of my truck,can i be comp

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 9, 2019
Peter N. Munsing's answer
generally, the law has not caught up with carfax and claims of diminution of value from the car having been in a crash. You get the book value in most cases. You can try that argument, and I'd suggest call the Insurance Commissioner but generally no.

Q: Can I get my license back if they have started garnishing my wages?

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Jan 2, 2019
Mr. James Charles Wright's answer
There are really too many factors to consider to respond meaningfully to this. I am assuming from your note that a judgment has been entered and based upon this judgment your wages are being garnished. I would suggest you contact a bankruptcy attorney and walk through all of the facts.

Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Answered on Dec 19, 2018
Leonard Robert Grefseng's answer
The suit would have to be filed in Tennessee where the defendants live or where the accident occurred. You can't sued them where you live for something they did in Tennessee..

Q: So I was in an accident little over a year ago the girl was texting and driving and ran a red light as I was pulling out

1 Answer | Asked in Car Accidents for Tennessee on
Answered on Dec 18, 2018
Mr. James Charles Wright's answer
Pulling out of a private drive, a driver should yield the right of way to oncoming traffic. You mention a traffic light - and that the other driver came into the intersection on a red light. If the intersection was controlled by a traffic light then if you entered the intersection on a green light you would have had the right of way over someone with a red light.

Not having insurance has no bearing on fault. However, having no insurance may impact your driver's license. Hopefully...

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.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Dec 16, 2018
Peter N. Munsing's answer
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 damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.

2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...

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