Detailed Answer
Disclaimer: This article provides general information on Tennessee law and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
When an accident damages both your vehicle and your body, Tennessee law allows you to pursue property damage compensation separately from any bodily injury claim. Here’s how to move forward step by step:
- Document the Accident and Damage. Immediately after the collision, take clear photos of all vehicle damage, road conditions, and any relevant signage. Obtain a written repair estimate or damage appraisal from a licensed body shop.
- Notify Insurers Promptly. Provide notice of your property damage claim to both your insurer (if you have collision or uninsured motorist property coverage) and the at-fault driver’s insurer. Tennessee requires you to notify insurers “as soon as practicable” under Tennessee Code Annotated § 20-1-118 (jurisdiction of general sessions court). For auto liability coverage, see Tennessee Code Annotated § 55-12-105 (property damage liability limits).
- Submit Repair Estimates and Receipts. Send the insurance adjuster your detailed repair estimate along with any receipts for towing, storage or car rental. Keep originals and send copies by certified mail or email with delivery/read receipts.
- Review the Insurer’s Offer. Insurers typically respond within 30 days. If the at-fault insurer issues a check that covers your estimate (minus your deductible if you used your own collision coverage), you can accept payment and release your damages claim. If you receive an insufficient offer or denial, proceed to the next step.
- Send a Demand Letter. Draft a concise, written demand letter outlining the facts, attaching evidence (photos and estimates), and stating the amount you seek. Allow the insurer 14–30 days to respond before filing suit.
- File Suit in General Sessions or Circuit Court. If negotiations fail, you can file a lawsuit in General Sessions Court for claims up to $25,000 per Tennessee Code Annotated § 20-1-118 (GSC jurisdiction). For claims over $25,000, file in Circuit or Chancery Court. Pay the applicable filing fee and complete the civil summons.
- Effect Proper Service of Process. Serve the at-fault driver or their insurer in accordance with Tennessee Rules of Civil Procedure § 4.04 or § 4.05. You may use certified mail with return receipt or a process server. Confirm service before the deadline.
- Attend Your Court Date or Mediation. Tennessee General Sessions Courts often require mediation. Prepare all evidence, repair bills and correspondence. In court, present your case clearly and concisely. If you win, you’ll receive a judgment for vehicle damage.
Helpful Hints
- Keep a dedicated file folder (physical or digital) for all accident-related documents.
- Obtain at least two independent repair estimates to strengthen your position.
- Record the name, badge number and contact information of responding law enforcement officers.
- Note all communications with insurers—date, time, person and summary of conversation.
- Consider small claims court for damage under $3,000 to expedite resolution and reduce fees.
- Check your own policy’s deductible; you may recover that amount from the at-fault party once you prevail.
- Be mindful of Tennessee’s one-year statute of limitations on property damage claims (T.C.A. § 28-3-104).