Automobile Accidents

May 10, 2011

Lack of Sufficient Liability Insurance. Now What?

I was in a bad car wreck. I had $100,000 in medical bills and missed fifteen weeks of work (I make $1200 per week as a plumber). I am probably going to have to have another surgery. My doctor also says I will have arthritis in my left leg for the rest of my life. I just found out that the person who hit me only has $100,000 of liability insurance. That is not enough for what she did to me. Can I force the person who caused the wreck to pay me out of his pocket?

A person or company is always liable for all of the harm they negligently cause. A person purchases insurance to reduce his or her own risk of coming out of pocket to pay for that harm, but if the harm caused exceeds the amount of insurance purchased she is liable for the rest.

The problem, of course, is collecting from a person who causes harm. To make a payment to the injured person over and above the amount of insurance the person who causes harm must have assets, income, or both. Many people have very few assets and insufficient income to make a payment to the person who they hurt. If pressed, these people will often just file bankruptcy and the bankruptcy court will discharge the obligation. (There are some exceptions to this. For example, the bankruptcy court will not discharge the lawsuit-related obligation of a drunk driver or a person who intentionally harms another.)

May 6, 2011

Time Period Needed to Settle a Case

by The Law Offices of John Day, P.C.

I was in a car wreck about 6 months ago. The other driver admitted fault. My medical bills are about $35,000. I have been released by my doctor. My lost wages are $12,000. How quickly will my case settle?

At the outset you need to understand that your case may not settle at all. In Tennessee the insurance company does not have a duty to settle your case and in fact does not even owe you a duty to fairly evaluate your case. It can settle a case, or not settle a case, on whatever schedule it wants to put in place.

However, if the insurance company wants to settle the case it needs to have information from your lawyer. At an absolute minimum, the company needs the accident report, your medical records and bills, perhaps some of your previous medical records, proof of lost wages from your employer, and an understanding of how the injuries have impacted your life. To the extent you claim a permanent injury, future medical expenses, future loss of earning capacity, or other damages, the insurance company will need proof of that.

May 5, 2011

What Happens if the Person Who Hurt Me Has Died?

by The Law Offices of John Day, P.C.

I was hurt in a head-on automobile accident caused by a careless pick-up truck driver. The driver that crossed the centerline and hit me died in the wreck. Do I have legal rights against him even if he is dead?

Yes. Although you can’t sue someone who is dead, you can sue his estate. If an estate has not been opened for him, you (through your lawyer) can petition the court to have an estate opened so that you can sue it and collect the monies you are entitled to recover. Any recovery would come from the liability insurance coverage that the decedent had that was applicable to the wreck and, to the extent that the damages awarded exceeded the insurance coverage, from the assets of the estate.

The fact that the person who hit you died does not relieve his insurance company of the obligation to defend the case and pay the monies to you that you are entitled to receive under the law (up to the liability insurance policy limits).

May 3, 2011

Car Wreck Lawsuit Against the State of Tennessee

by The Law Offices of John Day, P.C.

My husband was hurt in a car wreck when a state employee driving a state vehicle ran a stop sign. I think I read somewhere that the State of Tennessee and its employees can’t be sued. hat doesn’t seem fair.

The employee cannot be sued if the injury was caused by negligence and the employee was working for the State at the time of the wreck. However, the State can be held responsible for the negligence of its employee under these circumstances, but some of the procedures are much different than those applicable to a private business.

The claim against the State is not filed in court but instead is asserted as a claim through the Tennessee Claims Commission. Proper notice of the claim must be given and, if the claim is denied (it usually is) then a formal claim must be filed. The entire process is administered through the Claims Commission. The Attorney General’s Office defends the State.

April 28, 2011

Car Wreck While Working

by The Law Offices of John Day, P.C.

I was running an errand for my employer last week and was in car wreck. The other driver was passing me, but turned in to our lane too early, hitting the front of my car and spinning me into the median where my car rolled-over. My car was totaled and I spent five days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

April 27, 2011

Injured In Car Wreck Caused By Sheriff’s Deputy

by The Law Offices of John Day, P.C.

I was hit at an intersection by a car belonging to the local sheriff’s department. The deputy ran a red light. He did not have his emergency lights or siren on when the wreck happened. Can I sue the deputy for the injuries I received?

No, but you can sue the Sheriff’s department. The individual deputy is immune from suit if the wreck was caused while he was on the job, but the Sheriff’s department (county government) is responsible for the acts of the deputy.

Tennessee limits the amount of damages that can be awarded against a local government. For wrecks occurring on or after July 1, 2007, a "governmental entity" may not be required to pay more than $300,000 for any one person injured in an auto wreck or more than $700,000 for all people injured in a wreck.

April 21, 2011

Am I Entitled to A Rental Car if My Car is Totaled in a Wreck?

by The Law Offices of John Day, P.C.

I was in a wreck and my car was totaled. Does the at-fault driver’s insurance company have to rent me a different vehicle?

Legally, no but practically that frequently occurs. Technically, in Tennessee the person who caused the wreck must pay for “loss of use” of your car. That loss is often measured by the cost of renting a replacement vehicle.

However, do not go out to a big-name car rental company and rent a replacement car and except the other driver’s insurance company to pay for it. Those companies often have contracts with lesser-known rental companies that charge less for rental cars. So, make sure you have a clear understanding with the other driver’s insurance company about what car you can rent and who will pay for it before you rent a replacement vehicle. Better yet, let your lawyer help you with this issue.

April 20, 2011

Does Tennessee Have PIP Coverage?

by The Law Offices of John Day, P.C.

Is there PIP coverage in Tennessee?

No. Tennessee does not have a no-fault system and therefore does not have PIP (Personal Injury Protection) coverage as a part of automobile or truck liability insurance policies issued in Tennessee. However, if you live in a state that has no-fault and PIP coverage, your insurance policy may give you benefits not available to Tennessee residents. If you are from out-of-state but were injured in a car or truck wreck in Tennessee, the attorneys at Law Offices of John Day, P.C. will be happy to review your insurance policy and determine what benefits it provides under the circumstances.

April 15, 2011

Hurt in A Car Wreck While I Was Working – What Are My Rights?

by The Law Offices of John Day, P.C.

I was running an errand for my employer last week and was in a wreck with a pick-up truck. My car was stopped in traffic on Interstate 40 near Lebanon, Tennessee and the pick-up rear-ended my car at a high rate of speed. My car was totaled and I spent five days in the hospital. What are my rights?

You have two potential claims. First, you have a worker’s compensation claim because you were injured in the course of employment (assuming your employer has five or more employees).

Second, you have a claim against the driver of the other car. This is called a "tort" claim.

March 31, 2011

Wreck in a Parking Lot

by The Law Offices of John Day, P.C.

My car was broad-sided in a high school parking lot by a student who was not paying attention. There are two witnesses and the student admitted it was his fault. However, the police would not come because they said that the wreck did not happen on a public street. Does that fact that this wreck happened in a parking lot affect my rights to seek damages for the injuries I received in the wreck?

Not under Tennessee law. All drivers have the obligation to exercise reasonable care at all times, and that includes the operation of a vehicle in a parking lot.

The fact that a police officer did not appear is not fatal to your case, particularly if there were others present that saw the wreck. I hope you got the names and contact information of these witnesses and, if you did, make sure you hold on to that information. I assume that you also got contract information for the other driver.