You have one year to file lawsuit after a car accident | Bart Durham Injury Law

You have one year to file lawsuit after a car accident

Sadly, it’s an occurrence that is not uncommon: one driver doesn’t see another driver and an accident ensues.

On Oct. 25, Albert Frazier of Del Rio, Tennessee turned his 2015 Kia Soul into the path of Jacob Coggins’ vehicle on East Highway 25/70. Frazier admitted he didn’t see Coggins. Frazier was taken to the hospital to be treated for his injuries.

No doubt both these men filed claims with their insurance agencies, but how long after the incident do they have to file a lawsuit?

One year after the date of the accident

In Tennessee, you have one year after an automobile accident to file a lawsuit. It’s important to note, however, that the limit is one year after the accident, not after an insurance company has made any decisions about the claim.

Tennessee is what’s known as a “fault” state for car accidents. This means that the person who is 50 percent or less at fault in the accident can recover money for losses from the person who is 50 percent or more at fault.

Remember your responsibility

But before anyone starts to assign blame at the scene of an accident, it’s important to remember these responsibilities at the scene of an accident, as provided by the Tennessee Department of Motor Vehicles:

  • Never leave the scene of an accident
  • Do your best to provide assistance to anyone injured
  • Call 911
  • Don’t block traffic
  • Stay calm
  • Gather this information: Name, address, contact information, driver license number, license plate number, and auto insurance information.

If you hit an unattended vehicle, try to find the owner. If you can’t, leave a note with your name, contact information and a description of the accident.

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