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Tennessee Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents for Tennessee on
Q: My daughter was involved in a car accident last week and was driving uninsured. The other driver was cited and at fault

How do I get the at fault drivers insurance to pay for damage to car? I called their insurance and they are insisting on my daughter’s insurance.

Anthony M. Avery
Anthony M. Avery answered on Feb 13, 2020

Your Daughter will probably need to sue the other driver and/or owner. I recommend initially filing in General Sessions Court. She needs to go to the Court Hearing on the other's Citation for a Rule of the Road violation, and make sure the Judge knows she is there as a victim on his case. If... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: In TN. Another car and I backed into each other in a grocery lot.

She looked at and felt her bumper and said she had no damage. I had no damage. She then yelled and said it was good there was no damage then she got in her car and left. She didn't get my info, I didn't get hers. She seemed anxious to leave and did. No police were called - it all happened... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 13, 2020

A Tennessee attorney could advise best on any state-specific requirements, but your question remains open for four weeks. It looks like there is nothing to report because nothing happened. As a general matter in virtually any jurisdiction, such an encounter would require no action - no injury, no... Read more »

2 Answers | Asked in Car Accidents for Tennessee on
Q: Is there anything I can do to get out of accident liability because new owner didn't register the vehicle I sold them.

Sold a friend a vehicle, he supposedly register it but some how only got temp plate, no insurance and got in accident, turns out vehicle still is register to me. Now the other insurance seeking liability from me since its still under my name. Friend stated he title it but never receive new title.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 16, 2020

Whatever proof you have of selling the vehicle needs to be put together now. You might have a witness or a bank deposit. You will have to defend yourself and it will not be easy. The alleged negligence of your purchaser is also an issue, as well as that of the plaintiff. Comparative... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Involved in a crash, NO INJURIES. Driver of striking vehicle has no insurance and no license. Vehicle is insured.

5 weeks to the day, our vehicle is now being repaired. Insurance company, we feel, has been dragging their feet. The personnel have been wonderful but hands are tied by regulations, policy and what State Farm is legally obligated to do. We are encumbered to supply insurance and deposit for the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 14, 2020

Normally the rental car company will accept your insurance and you don't have to supply extra insurance while you are driving a rental car. The deposit should be returned to you when you are done with the rental. Your insurance company will only provide what they are required to supply -which is... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: I was driving my mother in law's car when a uninsured sixteen year old hit me.he had no license. The car has full covera

I didn't call the law.the boy wrote a note stating he was at fault.my mother in law filed on her insurance,they refused to pay y

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 23, 2019

I am not sure why your Mother-in-Law's insurer is refusing to pay. If the car has "full" coverage there should be coverage for this accident. Also, even if the other driver was uninsured - if there is full coverage, there would be uninsured motorist coverage as well.

You may need to...
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2 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Tennessee on
Q: I was in a small wreck just a fender bender a mile from my house, I had no license (Never had them) and no insurance I

Was driving down to our field (a mile and half from my house) our neighborhood hit my car he wasn’t paying attention to the road. I got a ticket for no license and no insurance I did have a 28 year old in the car with me, he told me he didn’t see any reason to arrest me since I was honest and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 13, 2019

If the accident was the other driver's fault then the fact you didn't have a license is likely not admissible on fault. Who is fault is determined by what happened in the accident. As to the ticket- It is good that you now have your learner's permit and insurance. The fact that you have these... Read more »

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2 Answers | Asked in Car Accidents for Tennessee on
Q: I was in a car wreck and I just received a check from the person at fault insurance company

My health insurance already paid them. My question is who gets the check

Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2019

It depends upon whether you have a subrogation agreement with your insurance co. or not. If you have an insurance policy, read it. If not, call your insurance carrier. It is very possible it is your money if you did not make a claim on your on auto ins policy. It also sounds like you should... Read more »

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Can I be charged if I rear end a vehicle after they unsafely merge in front of me?

I was the rear most vehicle in a 3 car collision. The vehicle had merged in front of me and I had little to no time to slow and make space between us before the front car brakes suddenly. I was unable to stop before colliding with the vehicle in front of me.

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2019

Absolutely. Following Too Close, Failure to Exercise Due Care, Failure to Yield, are some of the possible Rule of

the Road Violations. If found guilty, then you are per se negligent and possibly liable for the other drivers' damages.

2 Answers | Asked in Car Accidents and Personal Injury for Tennessee on
Q: Is there a Spanish Speaking Lawyer or law firm that does pro Bono work for personal injury case?

Need assistance with 2 cases that are currently being managed by other lawyers but the language barrier and costs are making it impossible to move forward.

Tim Akpinar
Tim Akpinar answered on Nov 20, 2019

Try contacting the Tennessee Bar Association. They have resources for finding lawyers. Good luck

Tim Akpinar

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Tennessee on
Q: Is there a lawyer that will take my case for theft / unauthorized use of a vehicle?

My daughter stole my car when I was out of town she in fact found my spare key and took my car and wrecked it then she left the scene of an accident I am having a hard time with my insurance as I have stated before she did not have permission and in fact stole my car is there anyone that will take... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2019

It's up to you, but you could contact an attorney and discuss the matter. Keep in mind that any decisions you make out of anger could haunt your daughter for the rest of her life. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents for Tennessee on
Q: If a vehicle drives the wrong way against arrows in a lane in a parking lot and hits another vehicle who is at fault?
Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 11, 2019

The "rules of the road" - the statutes relating to driving on highways are not applicable to an accident off of a highway- for example in a parking lot. But the directional arrow would be proof of a driver going the wrong way and could be considered for determining fault.

1 Answer | Asked in Real Estate Law, Car Accidents, Civil Litigation and Small Claims for Tennessee on
Q: In Tennessee, I received a delivery of a lawnmower. During Delivery, the driver damaged my driveway. how much in damage?

It is an aggregate driveway, scratches a few cenminters deep, we have one quote. Insurance says they don't replace cosmetic. Offered $500, our quote is for $3,000.

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 31, 2019

If you are referring to your insurance coverage you may be right. You can check your policy. But have you made a claim against the delivery company. If they were negligent, and you didn't sign a release, then the delivery company may be responsible and their liability is not limited... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Leaving the scene of an accident

My husband wrecked his company vehicle into a tree after swerving when a deer jumped out in from on him on the mountain we live on. He contacted his boss and they told him they would take care of it not to contact police just to have it towed. No one else was involved. My husband did what his boss... Read more »

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

I am wondering what statute the police are asking him to "turn himself in" under. If there was no damage done to the tree or property then I am not sure that a state statute would be involved. Pull up TCA 55-10-101, 102, 103 and 105. It is not likely that his license would be suspended. If he... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Car Accidents and Land Use & Zoning for Tennessee on
Q: If a city street has been officially studied & identified as overcrowded for 5+ yrs and city continues to approve

development projects that add even more traffic to the same street without any improvements and traffic accidents increase as a result of overly congested streets, could the city be held liable for injuries and damage to vehicles since they knew the street was over capacity but continued to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 23, 2019

You raise an interesting point, and in a textbook-type analysis, your argument would be strong. But in reality, this takes everywhere, and most courts would not be likely to consider such arguments. Most courts would limit their analysis to the immediate parties at hand. Good luck

Tim...
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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 »

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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.

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