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Tennessee Car Accidents Questions & Answers
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... 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... 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 Akpinar

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... 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... 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.

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... Read more »

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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... Read more »

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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.

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