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Tennessee Car Accidents Questions & Answers
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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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 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

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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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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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'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

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.

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