Tennessee Complaint regarding Auto Accident (Guest passenger vs both drivers)

State:
Multi-State
Control #:
US-PI-0304
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.

How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Both Drivers)?

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FAQ

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 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.

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.

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.

Tennessee laws place a cap on non-economic damages at $750,000 under most circumstances, but this cap can be removed if the at-fault driver was under the influence of drugs or alcohol or is convicted of a felony in connection with the crash.

Car insurance in Tennessee follows the car, not the driver. This means if you allow a family member or a friend to drive your car, they will be protected with your insurance policy. However, if you are a passenger in someone else's vehicle you need to look for compensation from their insurance company.

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.

Even in a cut-and-dry case where an insured driver is on the policy and at fault, it can be difficult to get the payout you're entitled to. When a driver is not listed on the insurance policy, the insurer may dispute liability (or fault) because the person involved isn't covered.

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Tennessee Complaint regarding Auto Accident (Guest passenger vs both drivers)