This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Tennessee Complaint regarding Auto Accident (Guest Passenger vs Driver)
State:
Multi-State
Control #:
US-PI-0283
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Driver)?
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FAQ
Ing to Tennessee Code Annotated 55-10-106, ?the driver of a vehicle involved in an accident resulting in injury to or death of any person or property damage to an apparent extent of fifty dollars or more? shall immediately notify the local police department, county sheriff, or nearest state highway patrol.
In Tennessee, you are not required to report car accidents that do not result in injuries or cause only very minor property damage. However, you are required to report accidents that result in death, personal injury or property damage exceeding $400.
If the accident results in injury or death, leaving the scene without providing the requisite information is considered a Class A misdemeanor. This may be punishable by up to eleven months, 29 days in jail, a fine of up to $2,500, and a suspension of the driver's license.
After all parties have determined and agreed that there is only damage to the vehicles and no suspected injury of any kind to drivers or passengers, all parties shall remain at the scene of the accident until the requirements of § 55-10-103 have been met.
The tailing driver is almost always liable in a rear-end collision. The law in Tennessee states that ?the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.?
Generally, the owner of the vehicle will provide the primary liability coverage in any accident involving their vehicle, even if someone else is driving it. This is known as ownership liability.
In Tennessee, you have one year from the date of the car accident to file a lawsuit. If you do not file a lawsuit by this time, you lose your claim and are barred from filing a lawsuit as a result of the car accident. The one year deadline to file a lawsuit is called the statute of limitations.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.