Lawyers, Answer Questions  & Get Points Log In
Tennessee Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Tennessee on
Q: My elderly father in law has alzheimer's , was in a car accident that was his fault. Can the insurance company sue him?

He has no assets and on a fixed income.

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

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... Read more »

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: I got a ticket in Walmart parking lot for failure to use due care. Should I go to court or pay it?

I started to pull out of the Walmart parking lot when a car pulled out from a lot across the street and I had to brake. When I backed up to get out of the street, the car behind me was driving forward and my bumper tapped his. He overreacted and accused me of damaging his car that was obviously... Read more »

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

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...
Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: No judgment in court on an accident..its been 2 years now trying to revoke my license

My wife was driving and had a fender bender I have 2 years ago.. I get a letter stated they were going to revoke mine and her license.. I have found an affidavit that can be filed to reinstate them if no judgment in court was made under t.c.a section 55.12.108 is this still applicable?

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2019

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.

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on
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?

Their negligence caused damage to my car and they are refusing to pay, despite me having abundant evidence. I live in Knox County and the company is also based in Knox County, but the construction and the damage was done in Anderson county. Do I need to file suit in Knox or Anderson county?

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

You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

3 Answers | Asked in Car Accidents for Tennessee on
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? :(

My damage is to the right passenger side rear bumper. His damage is to the left driver side front bumper

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 22, 2019

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... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
Q: I drive a commercial vehicle and hit a parked car in a parking lot what is going to happen to me

I was not Given a ticket

Anthony M. Avery
Anthony M. Avery answered on Feb 21, 2019

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.... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: If a person riding a bike in crosswalk in AR is hit by speeding car (another car Had stopped) who is at fault?

He was crossing the street on a marked crosswalk by riding his bike. The truck driver said he didn’t see him until he was half way thru the crosswalk and couldn’t avoid him.

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 17, 2019

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.

1 Answer | Asked in Car Accidents for Tennessee on
Q: If no one is ruled at fault and one driver doesnt have insurance can the driver that didn't have insurance be sued?

My daughter was in auto accident and didn't have insurance her view was obstructed and she pulled out in front of a car. The police officer told he was not giving her a ticket for failure to yield because there is alot of accidents that happen in that location because of the view being obstructed.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

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...
Read more »

1 Answer | Asked in Car Accidents for Tennessee on
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
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

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.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Can I get my license back if they have started garnishing my wages?

A lawsuit was filed against me in 2008 in Sullivan county, Tn for a traffic accident in which I did not have insurance..my license was taken for non payment of lawsuit. Recently they renewed the lawsuit and have started garnishing my wages. The lawsuit is in the amount of 13,000. Can I get my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jan 2, 2019

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.

3 Answers | Asked in Contracts, Car Accidents, Collections and Small Claims for Tennessee on
Q: I am located out of state & a TN resident hit my rental car while I was in TN. His insurance company admitted liability.

His insurance co paid the damages but not $900+ in fees charged by the rental company. Do I need to file a small claims case in TN or where I live to try to recoup damages?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Dec 19, 2018

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..

View More Answers

1 Answer | Asked in Car Accidents for Tennessee on
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

Of a private drive the police said since I didn't have insurance and because I was pulling out of a private drive I was automatically at fault and I am now being sued for the damages the company suing me said that I have agreed to pay the amount when I never knew they were going to sue me

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 18, 2018

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... Read more »

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
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.

He was ticketed for straddling lanes and improper lane change. I'm I responsible for getting my vehicle repaired as I'm being given the run around by his insurance company. I was also told I'd be responsible for 20% of a rental or cab fees.

Peter N. Munsing
Peter N. Munsing answered on Dec 16, 2018

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...
Read more »

View More Answers

1 Answer | Asked in Car Accidents and Workers' Compensation for Tennessee on
Q: In the state of Tennessee if I sue workers comp do I have to pay the money back and can I still get paid for lost wages,

Can I still get paid for lost wages,pain,and suffering from my job.

Mr. James Charles Wright
Mr. James Charles Wright answered on Nov 26, 2018

A worker's compensation claim recover is based upon a percentage of permanent medical implairment multiplied by a statutory amount - this is called permanent partial or total disability. One can also recover temporary disability while out from work until either a return to work date or permanent... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: A homeowner cuts their grass and the grass is spread out to the roadway. This can be hazardous for a car or a motorcycle

Is this legal to allow grass clippings to be spread on a roadway by a homeowner?

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 12, 2018

I don't think so. If this were against the law- there would be a lot of law breakers.

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: Can I get out of a careless/reckless ticket for falling asleep if I am diagnosed with sleep apnea after the accident?

I was driving a commercial vehicle, struck a guardrail and debris struck another vehicle but there were no injuries.

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

Possible. You can raise it as a defense. However that may have other implications. I'd suggest you discuss it with an attorney who handles tickets and points issues in the county where it happened. As you may have a CDL,worth paying for a consult.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Would it be reasonable for me to find a lawyer and file a lawsuit regarding a car crash in Tennessee?

On Sunday, August 26th, I was involved in a serious car crash. This crash involved a driver in a company owned vehicle, he crossed the median into my lane in which he hit the first driver head on in our lane, then hit me head on. We all went to the Emergency Room. In the official police report, it... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 29, 2018

I would suggest you at least seek the advice of a lawyer. There are now a lot of issues to deal with in resolving a claim. I have been practicing a long time and things have gotten more complicated in regard to liens, subrogation interests and other matters. If nothing else talking to a lawyer... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: left the scene of the crime, later turned myself in. Was charged with not reporting an accident immediately?

I merged over into a semi trucks wheel, he didnt appear to be stopping or attempting to get off on the side of the road so I kept driving. I could see I had damage but wasnt aware how bad it was. I later turned myself in to the state trooper who handled the report. He stated there was minimal... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 20, 2018

If there were no personal injuries you are not going to jail in all likelihood. There will be a fine and court costs. You may want to take a lawyer - as you may be entitled to diversion.

2 Answers | Asked in Car Accidents for Tennessee on
Q: auto accident today.driving co.vehicle no proof of ins in vehicle ,am i responsible?
Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 3, 2018

Your company likely has insurance that will handle the claim. Make sure to communicate with your supervisor, employer.

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.