This form is a sample answer and defenses filed by the defendant in a personal injury action.
Tennessee Answer and Defenses - Motor Vehicle Accident - Long
State:
Multi-State
Control #:
US-PI-0318
Format:
Word;
Rich Text
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FAQ
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.
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.?
The statute of limitations for personal injury in Tennessee is one year. 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.
In general, the driver of the rear-most vehicle is typically at fault in a rear-end collision. However, if the driver of the middle vehicle was also following too closely or was otherwise negligent in their driving, they may also be found to be at fault for the accident.
Your report must be submitted to the Department within twenty (20) days from the crash. You can satisfy this requirement by completing the reverse side of this from and mailing it to the Tennessee Department of Safety and Homeland Security, P.O. Box 945, Nashville, TN 37202.
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.
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.