Car Accident Laws in Tennessee

Understanding car accident laws in Tennessee is the responsibility of every driver who takes to the road. If you do not remember them, there are a few key laws you should keep in mind if you are involved in a car accident. A Nashville car accident attorney at Selvidge Injury Law can help you file a claim.

Car Accident Reporting Laws in Tennessee

An accident, under Tennessee’s laws, is any type of collision or crash that involves a driver. It does not have to include any type of criminal conduct. If you are hurt in a vehicle accident, under Tennessee Code section 55-12-104, you must report the crash within 20 days in writing to the Tennessee Department of Safety and Homeland Security in several key situations:

• A person was injured in a car accident
• A person was killed in the accident
• The accident caused damages to property that is likely to be valued at more than $1,500
• The accident caused damage to a state or local government property at a value of $400 or more

It is always a good idea to report a car accident if you are the victim. Do not rely on the other driver to contact the police or file a claim on your behalf.

Car Accident Statute of Limitations in Tennessee

Under Tennessee law, you have the right to bring a case to court if you are the victim suffering losses. There are several key aspects of this law you need to know:

• If any person is hurt in the car accident, no matter who it is, a lawsuit must be filed by that party within 1 year of the accident occurring
• If someone dies as a result of the car accident, the family members or the estate representative has the right to bring a wrongful death claim against the at-fault party within 1 year of the accident occuring
• If there is only vehicle and property damage from the accident, you have up to 3 years to file a lawsuit related to that loss

Also, note that this does not apply to insurance claims. An insurance company will require a claim to be made within a reasonable amount of time. Most of the time that means a few days to a few weeks. This does not mean you have to settle the claim within a few days, but you do need to report it to the insurance company as soon as possible.

Understanding Car Accident Fault Laws in Tennessee

Tennessee is a fault-based state. That means that when a person causes an accident, they are financially responsible for the losses the victim incurs from the incident. Typically, the car insurance company for the at-fault driver with liability insurance will cover the losses according to the policy guidelines. Additionally, Tennessee is a modified comparative fault state. This means that you must put 51% or more of the fault on the other person in order to recover. Insurance companies will use this modified-comparative fault scheme to try and put some blame on the victim in order to reduce the amount they can recover. A skilled personal injury attorney will help make sure this doesn’t happen, and make sure you are getting the maximum settlement possible.

With complications and limitations, it is important for victims of car accidents to work with a Tennessee car accident attorney to get help navigating these laws. Missing them, even by a few days, can be a costly mistake and may lead to a loss of ability to seek compensation that is otherwise rightfully yours. Talk to a Nashville car accident attorney at Selvidge Injury Law today for a free consultation.