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Tennessee Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Tennessee on
Q: Hi - I was in a car accident in the state of Tennessee but was really in no condition to file an injury claim.

At the time and basically haven't recovered due to a brain injury suffered in the accident. My question is then, are there cases where lawsuits can be filed after the 1-year statute of limitations? Is anything from the car wreck considered in the judgment? Or is it an absolute that you have... View More

Peter N. Munsing
Peter N. Munsing
answered on May 1, 2019

Unfortunately the only thing that can sometimes void it is some type of latent injury (and that may not) or fraudulent concealment to avoid service (which presumes you tried suing them). Call a lawyer or two to see--most members of the Tenn Assn for Justice give free consults.

3 Answers | Asked in Car Accidents for Tennessee on
Q: I was sideswiped on the expressway by a truck I had no way in getting over due to being in the outer lane, at the scene

I was told it couldnt be determine who was at fault...paperwork now show I was at fault, do I have a case against the driver who knocked me off the road

Anthony M. Avery
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answered on Apr 29, 2019

The Accident Report is inadmissible in evidence, but insurance companies will usually act in accordance with them. You need to photograph any evidence on th e roadway/emergency lane such as skid marks prior to them disappearing. And yes you can still sue for your property damages, but it will be... View More

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1 Answer | Asked in Business Formation and Car Accidents for Tennessee on
Q: How long does a towing company have to hold your car before they can sale it
Peter N. Munsing
Peter N. Munsing
answered on Apr 19, 2019

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.

1 Answer | Asked in Car Accidents for Tennessee on
Q: What is the offense level of a failure to yield resulting in an accident that does NOT result in serious bodily injury?
Anthony M. Avery
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answered on Apr 9, 2019

Usually that would be a Class C Misdemeanor. 30 Day possible Sentence.

1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
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

For the accident the road was closed without sing.

What is going to happen with my driver license? I just got it less than a month.

Peter N. Munsing
Peter N. Munsing
answered on Apr 6, 2019

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.

1 Answer | Asked in Car Accidents for Tennessee on
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

Person I hit had their car insured, however I feel like they’ve been trying to bully me, and they ignored my multiple attempts to contact before this became a state matter

Anthony M. Avery
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answered on Apr 3, 2019

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... View More

3 Answers | Asked in Car Accidents for Tennessee on
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

Ididnt have time to register vehicle or get insurance

Anthony M. Avery
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answered on Apr 3, 2019

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.

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2 Answers | Asked in Car Accidents for Tennessee on
Q: Can I be charged with immediate notice of accident if no damage was caused to either vehicle?

I backed into a car and barely hit it, there is no damage to either car.

Anthony M. Avery
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answered on Apr 1, 2019

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.

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1 Answer | Asked in Car Accidents for Tennessee on
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

I had to use my car in an attempt to escape. Hit him with my car. His son then grabbed the bat and attempted to hit me but by pulling away he hit my car. All this happened after he rammed me with his car and fled the seen.

Anthony M. Avery
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answered on Apr 1, 2019

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.

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
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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... View 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... View More

Anthony M. Avery
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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...
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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... View More

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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
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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... View 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... View 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...
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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... View 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..

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