Quick overview
If another driver ran a stop sign and hit your car in Tennessee, you can pursue a personal injury claim to recover medical expenses, lost wages, pain and suffering, and property damage. This article explains the practical steps to protect your rights, how claims typically proceed in Tennessee, important deadlines, and when to consider hiring an attorney. This is educational information only and not legal advice.
Detailed Answer
1) Immediate steps at the crash scene
- Call 911 for police and medical help if anyone is injured. A police crash report helps later with insurance and court claims.
- Move to safety if you can. If you cannot move the vehicles, turn on hazards and keep clear of traffic.
- Exchange information with the other driver: name, phone, insurance company and policy number, driver’s license, and vehicle details (make, model, plate).
- Document the scene: take photos of vehicle damage, skid marks, stop signs, road layout, traffic signals, and any visible injuries. Get contact info for witnesses.
2) Get medical attention and preserve records
Seek medical care for any injury, even if it seems minor. Some injuries show up later. Keep all medical records, billing statements, receipts, and a log of symptoms and medical visits—these are key evidence for a claim.
3) Report the crash and notify your insurer
- Follow law enforcement instructions and make sure a police report is filed for collisions with injury, death, or significant property damage.
- Notify your auto insurer promptly. Provide factual information; avoid admitting fault or speculating about liability.
4) Build evidence of fault
When a driver runs a stop sign, that conduct can be strong evidence of negligence. Collect and preserve:
- Police report (gets officer observations and citations)
- Photos and videos from scene
- Witness statements and contact information
- Traffic-camera or nearby business surveillance footage if available
- Repair estimates and invoices for your car
- Medical records and bills
5) Insurance claims process
Most claims start with the other driver’s liability insurer. Typical steps:
- Tell the insurer facts about the crash; do not admit fault.
- Insurer may request a recorded statement—consult an attorney before giving detailed statements if injuries are serious or fault is disputed.
- Insurers evaluate liability and damages. They may make a settlement offer. Compare offers to your documented losses before accepting.
- If insurer denies or lowballs the claim, you can file a lawsuit (see deadlines below) or pursue mediation/negotiation.
6) Connecticut? — (This article is about Tennessee law)
(This heading clarifies state scope.)
7) Deadlines — Statute of limitations in Tennessee
Under Tennessee law, personal injury actions generally must be filed within one year after the cause of action accrues. See Tenn. Code Ann. § 28-3-104. If you do not file a lawsuit before the statute of limitations runs, you will likely lose the right to sue in court. You can view the statute here: Tenn. Code Ann. § 28-3-104 (cap. on actions).
8) Comparative fault in Tennessee
Tennessee applies modified comparative fault rules. If you are partly responsible for the crash, your recovery is reduced by your percentage of fault. Under Tennessee rules, if your fault is 50% or more, you may be barred from recovery. Because percentage assignments affect settlement value and suit decisions, get an attorney’s input when fault is disputed.
9) Types of recoverable damages
- Economic damages: medical bills, future medical costs, lost wages, loss of earning capacity, vehicle repair or replacement, rental car costs.
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- In rare cases, punitive damages when the other driver’s conduct is malicious or grossly negligent.
10) When to hire an attorney
Talk with an attorney if any of the following apply:
- Significant injuries or medical bills
- Permanent impairment or long-term care needs
- Disputed liability (e.g., the other driver denies running the stop sign)
- Insurance company denies your claim or offers an unreasonably low settlement
- Multiple parties or complex liability issues (governmental immunity, commercial vehicles)
Most personal injury attorneys offer free consultations and work on contingency (they get paid only if you recover). Ask about fees, costs, and whether the firm front-loads litigation expenses or recovers them only from your recovery.
11) If the other driver is uninsured or underinsured
Check your own policy for uninsured/underinsured motorist (UM/UIM) coverage. If you have UM/UIM, you may claim against your own policy for injuries caused by a driver without adequate coverage.
12) Filing suit and courtroom basics
If negotiations fail, you (through an attorney) can file a civil complaint in Tennessee court before the statute of limitations expires. The complaint starts litigation and triggers a discovery process where both sides exchange evidence, depose witnesses, and prepare for trial. Most car-crash cases settle before trial.
13) Practical timeline example (hypothetical)
Day 0: Crash — call 911, get medical attention, take photos. Day 1–14: Follow-up medical care; request police report. Week 2–6: Notify insurers, gather records, consider attorney consult. Months 1–6: Insurer investigation and settlement negotiations. Before 1 year: File suit if negotiations fail. (Do not delay important actions because of the one-year filing deadline.)
Important Tennessee statute link
Personal injury filing deadline: Tenn. Code Ann. § 28-3-104.
Helpful Hints
- Preserve evidence immediately: photos, videos, witness contacts, and medical records are often the most valuable items for a claim.
- Get the police report number and officer’s name; you will need it for insurance and legal steps.
- Do not admit fault at the scene or to insurers. Simple statements like “I’m okay” can be used later to argue you were not injured.
- Keep a daily injury diary: pain level, medication, doctor visits, and how the injury affects daily activities. Judges and juries find this persuasive.
- Preserve your car: avoid making unnecessary repairs until you document damage and get insurer approval. Take clear photos from multiple angles.
- Ask for the at-fault driver’s insurance information and verify carrier contact details before closing your claim.
- Talk to a personal injury attorney early if injuries are significant or if the other side denies responsibility. A timely consult helps protect claims and evidence.
- Watch the statute of limitations: in Tennessee, one year is the general deadline for personal injury suits (see Tenn. Code Ann. § 28-3-104).
Disclaimer
This article explains general legal concepts under Tennessee law and provides practical steps you can take after a traffic crash. It does not constitute legal advice, create an attorney-client relationship, or substitute for an in-person consultation with a licensed Tennessee attorney who can evaluate your specific facts.