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Loren, Attorney
Category: Legal
Satisfied Customers: 26554
Experience:  30 years experience representing clients.
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I am in Nashville, TN. I was involved in an automobile collision.

Customer Question

I am in Nashville, TN. I was involved in an automobile collision. A 91 year old driver pulled in front of on-coming traffic and failed to yield, a car struck her, ricocheted off and hit me, while I was stopped at a light, spinning me 90 degrees to the right. The 91 year old woman was found to be 100% at fault, citation issued and was recommended for retesting. It was noted by the insurer, that the lady did not even remember the accident the next day.
Travelers insurance company represents the woman at fault as well as me.
PERSONAL INJURY - I reported having a sore shoulder and sore back, reported this to the insurance company, they sent a rep immediately who offered $1000 for pain and suffering and loss of income. I did not settle. I went to the doctor to get checked out, they took some xrays and referred me to get some physical therapy.
PROPERTY DAMAGE - They have deemed my car a total loss. I purchased it 2 months prior for $3500.00 and had put some money into maintenance, tax, title, registration to total around $4800.00. I have provided all paperwork/receipts to support the my claim. The total loss department will not budge and says they will only pay ACV $3800.00. Insurance rep. continues to try and convince me that the AVC is in line with the market using Autotrader comps, I respond to him with my own search showing 3 comps for $4995. I feel like this is a losing proposition and am looking to small claims court as a means of resolving the matter. Obviously, my desire is to be fully restored to the place that I was prior to the accident. For this to happen I need to be fully compensated for the car I had just purchased, fully paid for the medical bills, and compensated at my normal hourly rate at my job for the time I have had to deal with this. Additionally, I purchased the car so that I could sell another car whose value is tied to an expiring extended warranty, I am now driving this car and losing value on it... what a ripple effect.

Small claims court in Nashville handles cases up to $25,000, do you think this is a reasonable course of action for seeking such modest compensation? My desire to be fully restored seems so fair to me, do I have a chance?
Submitted: 2 years ago.
Category: Legal
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Yes, General Sessions, as small claims court is known in Tennessee, is an excellent choice for small personal injury cases. The benefit is that it is designed to be more user friendly than the circuit court of general jurisdiction and can be used without an attorney. Also, it will move much more quickly than the "regular" court.

You have a better than fair chance of getting an award from the court which Traveler's will then have to pay.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction.

Thank you.

Customer: replied 2 years ago.

Thank you for your reply.

A few additional quesions:

-When filling a General Sessions suit, do I name the woman at fault or the insurance company or both?

-I have been speaking directly to the insurance companies, my assumption is that when I file, they will not speak to me any further, is this often the case? If so, I suppose I will have to wait for all the medical bills to come in before filing, right?

-Understanding you are not going to be the presiding Judge, I know my question is a asking you to speculate.. I am unclear what to expect regarding being compensated for my personal time to deal with this issue including, the accident, the phone calls, the emails, this time right now, all of which is time being taken away from active projects. What is the best way to present the time I have spent in this matter. I have been operating under the (likely naive) notion that all of my time dealing with this matter is eligible for compensation. Is this a reasonable expectation, or is this more a matter of the Judge's discretion?

Thank you.

Expert:  Loren replied 2 years ago.
Thank you, XXXXX XXXXX following up with me.

1. You sue the other driver. The insurance company is not a party to the law suit. They have an obligation to tender defense for their insured.

2. When you have all your medical bills, but do not let it go past the statute of limitations, which is 1 year from the date of the accident.

3. You are not legally entitled to compensation for your time. Property damage is dollar for dollar. Personal injury, as a rule of thumb, gets 2 to 5 times the medical bills and expenses (include medicine, equipment, parking, cab fare to the doctor, etc.). Then, to that total add your lost wages.

I hope this is helpful.

Thank you.

Loren, Attorney
Category: Legal
Satisfied Customers: 26554
Experience: 30 years experience representing clients.
Loren and 13 other Legal Specialists are ready to help you
Expert:  Loren replied 2 years ago.
Thank you for your positive rating of my service to you and for your generous bonus. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

If it is not too much trouble, Jason, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.
Customer: replied 2 years ago.

You are welcome and thank you, I will certainly have more questions in the future and will be on the lookout for the survey.



Expert:  Loren replied 2 years ago.
I will be here if you need me.

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