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Tennessee Car Accidents Questions & Answers
2 Answers | Asked in Criminal Law, Car Accidents and Personal Injury for Tennessee on
Q: Can I pursue charges for a hit and run in Tennessee without filing an insurance claim?

My vehicle was involved in a hit and run with no injuries and minor damages. We reported the incident to the police, and there is an eyewitness who can identify the other driver. We do not wish to file a claim with our insurance because we are concerned that our rates would increase. Can we pursue... View More

Anthony M. Avery
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answered on May 7, 2025

You do not have to make a claim on your policy. But expect any future claim on the incident to be denied or even the policy cancelled. Later on your insurance will find out about the incident due to any reports given to the DOS, so a rate increase is very possible. Apparently LEOs are not... View More

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Daughter was in a wreck (other party is 100% at-fault)

At-fault party's insurance is State Farm who I have been fighting with over valuation (they decided that her car should be totaled). They are way off of what local comp value is locally. I asked for additional compensation for loss of use and economic damages, but they blew me off and... View More

Seamus Kelly
Seamus Kelly
answered on Oct 10, 2024

There's nothing wrong with you contacting the direct party, but I'm not sure it will be worth your time. Most people are just going to defer to their insurance, and I doubt the adjuster is offering anywhere close to their policy limit, so it's just going to circle back to the... View More

2 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

Anthony M. Avery
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answered on May 17, 2024

If you have insurance, notify them today of the wreck and claim. If no insurance, expect to lose your TNDL, and hire an attorney to represent you. When served, you might also file a Notice of Exempt Property if you are not rich, which should curtail the plaintiff's enthusiasm. An Answer... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Tennessee on
Q: I'm being sued for supposedly hitting a vehicle door when backing out. What do I do?

No police report filed. No damage to my car. Gentleman claims I injured him by striking his door and it hitting his back. Now he has pain and suffering and lost wages.

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

If it's still available (difficult to say after three weeks - the time of your original post), you could try to obtain and review video surveillance footage (or your insurance carrier could), if you are confident that you did not hit the door of the other vehicle. As my colleague mentions,... View More

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2 Answers | Asked in Car Accidents and Business Law for Tennessee on
Q: I am having trouble finding a lawyer to help with a commercial property damage claim/insurance company.

Someone drove their car into our building and it took out our HVAC unit/ductwork and damaged the metal building wall through to the inside. The insurance company refuses to pay the full amount - they approved the estimate we sent but insist on depreciating the value of the 5 year old unit which... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

Unfortunately, the depreciation issue you mention does confront claimants in property losses such as yours, depending on the carrier and their philosophy toward customer service. My colleague raises a good point - explore the liability of all parties involved. Also review your policy. While the... View More

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2 Answers | Asked in Car Accidents and Business Law for Tennessee on
Q: I am having trouble finding a lawyer to help with a commercial property damage claim/insurance company.

Someone drove their car into our building and it took out our HVAC unit/ductwork and damaged the metal building wall through to the inside. The insurance company refuses to pay the full amount - they approved the estimate we sent but insist on depreciating the value of the 5 year old unit which... View More

Anthony M. Avery
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answered on May 17, 2024

Hire an attorney file suit against all liable parties, such as driver, car owner, lessor, etc. If under $ 25K in damages, I would sue in Sessions to get to Court faster and cheaper. But you will probably have to try it twice that way. Owner may be judgment proof, so expect to recover from... View More

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Need help with a resolved insurance claim that has been reopened 15 months later.

On Aug 8, 2022, my then 18-year-old son, hit a 2014 F150 while backing out of a Texas Roadhouse parking lot resulting in a small scratch/dent in the right rear along with a broken tail light. We offered to pay for it out of pocket however, the insured would not return calls and we later received a... View More

James L. Arrasmith
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answered on Apr 7, 2024

In this situation, you have a few options to consider:

1. Review the initial claim documentation: Carefully review the original estimate, payment receipt, and the letter from the subrogation company stating that the claim was resolved and their file closed. Check if there was any mention of...
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1 Answer | Asked in Car Accidents for Tennessee on
Q: Yes I was in an auto accident in 2012 and was said to not hav insurance when I actually did have insurance. What do I do

I have a copy of the police report that states I did have insurance at the time of the accident.

Anthony M. Avery
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answered on Feb 26, 2024

Police Report is inadmissible heresay. Get a written declaration sheet from 2012 that you had insurance from the carrier by a policy number. Then start sharing a copy of it with the DOS's Financial Responsibility Section. If you got sued, then notify the insurance company to defend you... View More

1 Answer | Asked in Car Accidents for Tennessee on
Q: what's the best way to deal with the other party lying in a claim regarding a car accident?

I was driving straight on the right-hand side of the road, and the other individual in the Silverado exited a parking lot and made a left turn, resulting in a collision with the right-hand side of my car.

Both parties involved then got out of their cars and documented the incident by taking... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Tennessee attorney could advise best, but your question remains open for a week. One way would be to continue to negotiate or consider suit. Another would be to accept the offer if litigating the remaining 20% is not a cost-effective route. The best way? That would be an individual decision. Good... View More

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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3 Answers | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Tennessee on
Q: What to do if insurance company doesn't pay claims after accident?

I had a car accident on June 7, 2023, during which I was cut out of the vehicle. I had full coverage insurance and filed two claims with my insurance company. Despite following up, I never received any compensation or feedback, and the insurance company mentioned that the statute of limitations was... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 28, 2025

I don't know what type of claim you are your passenger had. So this makes it difficult to respond. If this is your insurance company, there may be a contractual time set in which a claim must be filed. You should ask your insurer for a written explanation setting out what portion of the... View More

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1 Answer | Asked in Gov & Administrative Law, Civil Litigation, Car Accidents and Personal Injury for Tennessee on
Q: Can a Tennessee resident be compelled to appear in Missouri court based on a non-domesticated subpoena for a hit-and-run case?

I am a resident of Tennessee who received a subpoena via US Mail to testify for the prosecution in a Missouri circuit court about damages to my vehicle from a hit-and-run accident on October 3, 2023. The subpoena hasn't been domesticated in Tennessee. Previously, in October 2023, I provided... View More

James L. Arrasmith
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answered on May 15, 2025

You're right to ask this question, especially given the distance and inconvenience of traveling across state lines. Since you're a resident of Tennessee and the subpoena was issued from Missouri **without being domesticated in Tennessee**, you are **not legally required** to appear in... View More

Q: Motorcycle held by tow company, notarized bill of sale only

I got into a motorcycle accident in Tennessee, and my motorcycle was taken by a tow company. I do not have the title, but I possess a fully notarized bill of sale. The company has had my motorcycle for 31 days and refuses to release it. I have attempted to contact them without success. How can I... View More

James L. Arrasmith
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answered on May 14, 2025

It’s frustrating to feel like your property is being held hostage, especially after an accident. In Tennessee, a notarized bill of sale is strong proof of ownership, but some tow companies may still require a title before releasing a vehicle. That doesn’t mean you’re stuck—you still have... View More

2 Answers | Asked in Car Accidents and Civil Litigation for Tennessee on
Q: How long for settlement response in TN tractor-trailer vs. car case?

I'm involved in a tractor trailer vs. car accident case. My lawyer sent a settlement letter to the defendant's lawyer two months ago. It took 2.5 years to gather all my medical records, and there have been no initial responses from the defendant's lawyer. There were no deadlines set... View More

Anthony M. Avery
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answered on Mar 24, 2025

That is not an unusually long time for a personal injury case that is not strict liability. Talk to your lawyer. If you try to get another lawyer, the first one will probably have an attorney's lien. You may have top try it.

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2 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Tennessee on
Q: Am I at fault if a pedestrian runs into my car in a parking lot?

I was leaving a parking lot when a person ran out of a store without looking and collided with the side of my car, knocking off the mirror. Initially, she said she wasn't hurt, refused medical attention, and admitted it was her fault. However, she later went to the hospital and filed a report.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2025

A Tennessee attorney could advise best, but your question remains open for a week. No, you would not be at fault in virtually any jurisdiction nationwide under the set of facts you describe. Save that camera evidence and witness statement. If she later changes her story, those things would be... View More

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1 Answer | Asked in Car Accidents and Traffic Tickets for Tennessee on
Q: How to contest points on license after an accident in Tennessee?

I was involved in a car accident where I believe I was not at fault, as I had the right of way going straight while the other driver was turning left. I received a citation for failure to maintain a safe lookout. I was told that paying the court fees would result in a not guilty judgment, but three... View More

Anthony M. Avery
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answered on Feb 24, 2025

You will need an attorney to try the Citation at Court. If guilty you get those points and maybe more. If not guilty, no points. If you try it, an Appeal is possible. DOS administrative hearing will probably not help.

2 Answers | Asked in Car Accidents and Libel & Slander for Tennessee on
Q: Do I have to pay? Being sued because my son wrecked a truck that was registered and given to him by his grandfather

No insurance and he wasn't living with me at the time. The other party's insurance is suing me.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jan 22, 2025

Anybody can sue anybody, but I think you have a good defense. Don't talk to the insurance company and hire a lawyer.

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1 Answer | Asked in Car Accidents for Tennessee on
Q: Can someone who wrecked a car and left scene with no other cars involved blame someone else for driving the car?

Because that's what happened to me... I have a warrant in Hamilton County tn for wrecking a car I never even drove. It's just getting blamed on me how can they do that if the cop didn't see anyone at the wreck? Because the driver left when they wrecked it and then blamed me.. I found... View More

Anthony M. Avery
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answered on Dec 13, 2024

It can happen. Hire an attorney to prepare for a Preliminary Hearing after turning you in not on the Docket.

An Alibi Witness would help.

1 Answer | Asked in Car Accidents for Tennessee on
Q: recently had accident in my car. i hit a women in the rear and she hit a car in front of her. am i responsible for his

am i responsible for the car that was in front of the lady i hit? i done paid for her car. i had no insurance at the time but i do have a vaild tn license.

Anthony M. Avery
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answered on Nov 12, 2024

Yes, you are liable for all damages caused by your negligence. Contact the front vehicle and settle up with a paid in full receipt. DOS may want copies of those receipts to keep your TNDL.

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