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Tennessee Insurance Defense Questions & Answers
2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 4, 2024

You likely have a lawyer provided by your insurer if you are at this point. the lawyer should be able to advise you as to your best next step- to provide the affidavit or not- and what to include/ disclose. If you want to get a second opinion - you would probably need to show the affidavit to a... View More

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2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Tennessee on
Q: Do I need to fill out an Financial Affidavit for an accident. Is it better to fill it out or not?

My daughter was in an accident. The car and insurance was in my name at the time of the accident. The amount of the claim is $19,500 for hospital bills. My insurance covers up to $25,000 and that is what they are asking for. I do not have any assets or extra income for them to come after. I just... View More

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

As my colleague advises, ask your assigned defense attorney for their input. They're going to probably tell you to consult with an outside counsel whose interests are solely yours. But that can cost money. Find out as much as you can from your defense counsel what they foresee in terms of the... View More

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1 Answer | Asked in Insurance Defense for Tennessee on
Q: Will my spouse go to jail for failure to maintain insurance in Christian county, KY?

He was pulled over for speeding. He did not have a physical copy of his ID but did provide a phone picture of front and back. He has his registration. We renewed the insurance immediately and the cop said we would get a warning if the agent confirmed it. He changed his mind and gave him a court... View More

Anthony M. Avery
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answered on Mar 6, 2024

Post your query in KY. It sounds like a good attorney in KY can get them dismissed in Court.

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: Hello, Is it necessary to list insurance policies in a living will or poa?
Anthony M. Avery
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answered on Feb 12, 2024

You need to talk to an attorney. Neither a living will nor a poa have anything to do with devising and bequeathing property at death.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My auto insurance company did a non renewal without giving me any notice. What are my options? I am In Tennessee.
Anthony M. Avery
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answered on Feb 6, 2024

No legal options. Carrier can contract with or not. Get insurance elsewhere.

1 Answer | Asked in Insurance Defense for Tennessee on
Q: My husband missed court date for driving w no insurance in Washington County TN,can the warrant be retracted if he calls

If he called clerk Monday morning and explained could they retract the fta warrant and reschedule a new court date? If not how much is the bond usually?

Anthony M. Avery
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answered on Dec 8, 2023

That will not work. Hire an attorney to take him to Court and handle all charges at once. Hopefully he gets insurance proof or the TNDL might be suspended as well as jail.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: I have workcomp insurance without incidence for over10yrs, in midst of an audit coverage canceled without merit..legal?

During a recent yearly wc insurance Audit on my polcy the assigned Auditor quit the insurance company without notice, the next Auditor assigned to my account has ran me ragid,repeatedly requesting additional documents regarding a specific subcontractor,

I provide exactly what is asked and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney on state-specific provisions that govern cancellation, it might be less aggravating and safer to seek coverage elsewhere, while having a Tennessee attorney... View More

1 Answer | Asked in Health Care Law, Insurance Defense and Social Security for Tennessee on
Q: How do I secure Health Insurance for my toddler child who has yet to receive a social security # or birth cert?

- She was a home birth

-I have a notarized affidavit of birth

- I have applied by mail for a social security card over 7 months ago with no response.

- I have gone to the TN hall of records to apply in person but they were unable to help me at the time with out a “well... View More

James L. Arrasmith
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answered on Aug 6, 2023

Consultation with a Tennessee attorney or local agency specializing in these matters would be advisable to understand the specific requirements and expedite the process given your child's immediate medical needs.

Sincerely,

James L. Arrasmith

Founder and Chief Legal...
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1 Answer | Asked in Civil Rights and Insurance Defense for Tennessee on
Q: what is the penalty for a courts failure to appoint a guardian adlightum for a minor with infant? /
Anthony M. Avery
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answered on Jul 17, 2023

That is the Court's prerogative. The minor can file a request for a rehearing or even an appeal, but was the motion made? The minor apparently either needs an attorney or represent himself.

1 Answer | Asked in Insurance Defense for Tennessee on
Q: My home owners is canceling my policy because I had two claims 6 months apart. I have had this insurance approximate 4y

Is that legal. Its paid.

Anthony M. Avery
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answered on Jan 31, 2023

If a denial of claim is asserted, then you might consider an Insurance Bad Faith Refusal Action.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Tennessee on
Q: My homeowners Insurance company whom we’ve been with for 30 years recently sent us a cancellation letter due to 4 claims

Our first claim was due to under ground pipe burst. We had to move out of our home for 6 weeks. During that time our house was vandalised once and broken into 2. We would like to remain with our insurance company instead of being cancelled.

Bennett James Wills
Bennett James Wills
answered on Jul 20, 2022

Check the terms of your policy. That will tell you whether they can cancel. It may be time to find another company.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Insurance Defense for Tennessee on
Q: How do I recover lost wages, damages, rental and have them cited for no insurance and driving without a license?

A car with Mississippi auto dealer tags was uninsured with unlicensed 15 year old driver...driving who backed out of their driveway into our car that we bought the day before! They were not given any citations from officers. The damages to our car est. 13,050. Our uninsured motorist policy has... View More

Bennett James Wills
Bennett James Wills
answered on Oct 28, 2020

If your insurance does not cover the whole amount of damages you'll have to file a lawsuit against the driver/parents to try and recover a judgment for damages. But you can't force the police to issue citations.

1 Answer | Asked in Insurance Defense and Traffic Tickets for Tennessee on
Q: Can I receive a ticket and be charged for not having insurance if the initial stop was for a non moving violation

example: tail light was out

Anthony M. Avery
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answered on Sep 21, 2020

Absolutely... LEO's can execute a legal stop for any Rule of the Road Violation they witness. Then other Charges may follow.

1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs... View More

Nina Whitehurst
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answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... View More

1 Answer | Asked in Criminal Law and Insurance Defense for Tennessee on
Q: So I got pulled over in my bfs car on my way to work with no insurance. We then go insurance the next day.

What will happen at court?

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 19, 2020

You could be fined; however, I have found the courts to be friendly to you if you demonstrate that you have acquired insurance when you appear at court.

1 Answer | Asked in Insurance Defense for Tennessee on
Q: Will fire insurance cover some one else's belongings besides the insured? In the state of TN. The insured's son has be

Longins that where in the shed that burnt

Anthony M. Avery
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answered on Dec 23, 2019

Initially you must read the insurance contract and the policy declarations. Then I recommend hiring an attorney for assistance in filing the Proof of Loss. This is a public forum.

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... View 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... View More

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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... View 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 Insurance Bad Faith and Insurance Defense for Tennessee on
Q: I paid an insurance agent to help me with medical insurance.

I received notice that my medical insurance premiums were going to almost double for 2018 even though I had no claims. Hired an insurance agent to help find affordable insurance. She informed us of gov assisted program to help pay insurance and asked us of our income of 2017 which was way lower... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2019

This is something a Tennessee attorney could answer best because insurance is generally governed by state law. But your post remains open for three weeks. As a general matter, it's difficult to say without seeing all the paperwork, particularly the inclusion of provisions outlining the nature... View More

1 Answer | Asked in Insurance Defense for Tennessee on
Q: What is the policy or law that requires insurance companies, in the state of TN, to pay diminished value?

The insurance company told me "In Tennessee the measure of damages is either repair costs OR the difference in market value immediately before the accident and that immediately after the accident. It is not both. Since you have elected to receive the cost of repairs, then there can be no... View More

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2019

You must check with a Tennessee attorney as to the statutory authority you describe. However, your question remains open for five weeks. That concept is not exclusive to Tennessee. It is an accepted practice of property damage claims processing virtually nationwide. The carrier pays the collision... View More

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