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 Defendant Driver)
State:
Multi-State
Control #:
US-PI-0290
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Defendant Driver)?
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FAQ
Ing to the law of ?comparative fault,? you must be able to prove that you were no more than 49% to blame for the accident. Furthermore, your award in such cases will be based on the perceived level of your fault in the accident. That is why a knowledgeable, experienced attorney is so important.
Leaving the scene of an accident without reporting it to the police might be considered a hit and run offense under Tennessee Code § 55-10-102(a). In addition, waiting too long to contact an insurance company might make the insurance company wary of your claims and more likely to deny your compensation.
In Tennessee, you are not required to report car accidents that do not result in injuries or cause only very minor property damage.
This means that you have one year from the date of the accident to file a lawsuit against the person or entity responsible for your injuries. A few exceptions exist to this rule, such as if the victim is a minor or if the injury was caused by medical malpractice.
Tennessee is not one of those states. Tennessee is considered a ?fault state,? meaning that if you are injured in a car accident here and another driver is at fault, you may be able to recover damages from them and from their insurance company in a personal injury suit.
Yes, you can file an insurance claim without a police report. However, having one can speed up the process and help you prove the validity of the account of the accident. Filing a police report is beneficial to ensure you're protected should a situation arise.
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.
Under the doctrine of negligence per se, the defendant's law-breaking act serves to establish the first 2 elements of negligence automatically. In other words, if negligence per se applies, the plaintiff doesn't need to prove that they were owed a duty or that the defendant breached the duty.