Tennessee Insurance Bad Faith Questions & Answers

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.

3 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Dec 16, 2018
Peter N. Munsing's answer
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 damages evaluated by someone you want to fix the vehicle. If not do so--most dealers will do it for free.

2. Contact a member of the Tenn. Assn for Justice who handles crashes--they give free...

Q: Is it legal for an insurance company to cancel the homeowners policy because our roof is nearing the end of its life?

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Jun 18, 2018
Anthony Marvin Avery's answer
Your question has nothing to do with real property. Besides the roof condition, you must read your Insurance Policy. That Contract will control your rights. In the mean time find another Carrier now. Non Insurance is a Default under your Deed of Trust. It is very doubtful that after you get another Insurer, you will have sufficient damages to justify a suit even if the Insurance Contract was breached.

Q: Can a insurance company send a summons 2 years after a wreck in 2016 when my insurence company didn’t contact me?

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Mar 27, 2018
Thomas Walter Tucker's answer
If you had car insurance at the time of the accident, contact your insurance company to let them know of the lawsuit. They should protect you pursuant to the policy, which would include an attorney. If you did not have valid car insurance, you are on your own but should consider contacting an attorney that handles car accident defense cases. Generally in Tennessee, there is a one year statute of limitations for personal injury claims and a three year statute of limitations for property...

Q: If I went to traffic school for a failure to yield accident am I still responsible for the other cars damages?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Traffic Tickets for Tennessee on
Answered on Feb 6, 2018
Mr. James Charles Wright's answer
Going to driving school may impact your ticket. But it doesn't impact who is at fault in the accident- unless you were found guilty. Then it might be admissible as to fault. I am assuming you pled not guilty and received diversion if you attended driving school.

You and your insurer can still contest liability in civil court.

Q: we have been divorced 14 years. He says he cannot get health insurance this year. i have to because he cannot qualify.

1 Answer | Asked in Divorce, Health Care Law and Insurance Bad Faith for Tennessee on
Answered on Jan 9, 2018
Leonard Robert Grefseng's answer
Your question does not specify, but I assume this health insurance is for minor children? If he provides documentation that he has been turned down/does not qualify, then I would purchase substitute insurance. ( Its always better to have some health insurance in the event of unforseen medical bills- if you don't have anything, your kids go without or you have to pay big bills of out own pocket).If he applied and tried to get insurance, he probably has some paperwork explaining why he was turned...

Q: Car was in an accident now the person at faults insurance company refuses to fix damages. What do I do?

2 Answers | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Tennessee on
Answered on Oct 19, 2017
Mr. James Charles Wright's answer
You may have to bring a lawsuit against them to make the insurer pay for the damage. You can turn the claim in to your insurer to have the car repaired and your insurer may pursue the other company as well as your deductible.

Q: How to sue my ex girlfriend for damages to another car in an accident, stealing and totally my car, the person suing me

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Libel & Slander and Personal Injury for Tennessee on
Answered on Oct 9, 2017
Peter N. Munsing's answer
If you had insurance that should cover the suit. Even if they say they aren't covering the event,you are being sued and they should cover you, and get you an attorney. That's what you pay insurance for. They will go after your girlfriend.You can also sue her for the loss of your car but you may be unlikely to recover for that.

Q: What can I do about hit and run?

1 Answer | Asked in Personal Injury and Insurance Bad Faith for Tennessee on
Answered on Aug 17, 2017
William Head's answer
You can identify the driver and the vehicle. This is a crime. Call back to talk to a desk sergeant, to see why no one has called you back.

Q: I was involved in an accident with a motorcyclist. My insurance company left me under-insured though they knew about my

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Car Accidents for Tennessee on
Answered on Jul 28, 2017
Mr. James Charles Wright's answer
You should make an appointment and see a lawyer. There are a lot of details that would have to be discussed before an answer could be given. Tennessee has a short statute of limitations - so don't wait. Most lawyers will do an initial consultation for free.

Q: Can I take a moving company to small claims court for non-delivery of shipment?

1 Answer | Asked in Contracts, Insurance Bad Faith, Consumer Law and Small Claims for Tennessee on
Answered on Jul 28, 2017
Mr. James Charles Wright's answer
You can take them to court. But look at your contract. There may be some requirement that you arbitrate, or submit the matter to mediation first. I would suggest you contact the moving company and tell them you are giong to contact the police / district attorney as to his if the furniture is not delivered by ____date.

Q: Is it legal to file and receive theft claim on a foreclosed home when the insurance policy holder has been dead for 2yr?

1 Answer | Asked in Criminal Law, Federal Crimes and Insurance Bad Faith for Tennessee on
Answered on May 17, 2017
Anthony Marvin Avery's answer
Your case does not have anything to do with criminal law. More than likely the insurance policy was paid for by the lender who held the note and deed of trust, which undoubtedly paid to the first lienholder prior to anything going to the homeowner. You may be able to make a complaint with the Department of Commerce and Insurance, or you might file suit against the lender for conversion. More than likely though they made a claim under the policy as the lienholder.

Q: My late mother paid a mortgage co for title insurance but they never done one, is that illegal?

1 Answer | Asked in Contracts, Real Estate Law, Insurance Bad Faith and White Collar Crime for Tennessee on
Answered on May 17, 2017
Anthony Marvin Avery's answer
You have not provided all of the necessary data, but I can tell you this much. It appears that your uncle has a superior or first deed of trust on the property.. It may include fixtures also, and if the mobile home does not have wheels, it might be arguably affixed to the land and part of the security. Possibly your uncle's promissory note and deed of trust includes future advances and recovery for taxes, insurance, legal expenses, etc. All of this could add up to alot of debt which upon...

Q: Is there a time limit on the car insurance company issuing the reimbursement check after making a settlement agreement?

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Small Claims for Tennessee on
Answered on Oct 30, 2016
Peter N. Munsing's answer
they are supposed to get it out promptly--within short time. If you were hurt contact a member of the Tenn Assn for Justice--they give free consults.

You can ask them to pay; if they refusce contact the consumer counsel for your state AG's office.

Q: An insurance agent here in TN claims he doesn't owe me balance of canceled premium b/c of cancelation fee? Legal?

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Answered on Oct 12, 2016
Peter N. Munsing's answer
Ask him to show you where the policy talks about a cancellation fee.

Q: My auto insurance has been automatically renewing my policy& bill my debit w/o my consent/knowledge for 2 YEARS! HELP

1 Answer | Asked in Insurance Bad Faith for Tennessee on
Answered on Aug 4, 2016
Peter N. Munsing's answer
They can't wait two years then hit you. If it was monthly, you would have seen it on the bill.File a dispute with the credit card company immediately if you didn't already. Where did you have correspondence with them before? Look for paperwork using your alternate address--like when your car was wrecked.If you didn't have a car you had no insurable interest and thus they can't say you had a "good " policy. Look for a member of the Tennessee Trial Lawyers Assn that handles "bad faith" claims....

Q: Can i get a general dismissal release thrown out he lied to get me to sign it. based on what the car lot owner said?

1 Answer | Asked in Employment Law, Insurance Bad Faith, Insurance Defense, Lemon Law and Securities Law for Tennessee on
Answered on Jun 29, 2016
Peter N. Munsing's answer
Not sure what is going on here and who the person is. Suggest you contact a consumer attorney go to www.naca.net

However they won't be able to do anyhing for your financial situation immediately so you need to develop a plan to meet your needs to get to work, etc.

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