Filing a Car Accident Claim in Knoxville
Experienced advocacy for car accident victims in East Tennessee
After a car accident, all involved individuals need to ensure that the people who need help obtain that help, that the proper information is exchanged, the proper people are notified, and that their car accident claim is filed in the correct court in the correct time frame. At Banks & Jones, Our Knoxville car accident lawyers have been fighting for personal injury victims for 30 years. We have an impressive record of verdicts and settlements in all types of accident cases, including car accidents. We understand how to fight for car accident victims and families.
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How can we help?
- Who do you need to notify if you’re in a car accident in Knoxville?
- Why should I hire a Knoxville car accident lawyer to file a claim?
- What is the time limit for filing a car accident claim in Tennessee?
- Do I need to submit evidence of a crash? (and if so, what evidence?)
- How do I get a copy of my Knoxville car accident report?
- What if I’m partially at fault for my car crash in Knoxville?
- Should I talk to the other driver’s insurance company?
- Do you have a Knoxville car accident claim lawyer near me?
Who do you need to notify if you’re in a car accident in Knoxville?
In Tennessee, you are required to immediately notify the nearest law enforcement agency (such as the closest police station) if you are in an accident that results in:
- Death
- Injury
- Property damage in excess of $1500 or more
The easiest way to get in touch with the police is to call 9-1-1.
When the police are called to an accident site, they will ask for your driver’s license, insurance card, and registration. They’ll assist anyone who is hurt. They’ll conduct their own investigation and determine whether any traffic citations should be issued and whether anyone should be arrested for driving under the influence.
If you or someone with you is physically able, you should obtain the contact information and insurance information of the other drivers. You should take photos and/or videos of yourself (at your worst), the vehicles, and the accident site.
You should seek medical attention if you’re hurt. If you’re severely hurt, the police should help obtain emergency transportation for you.
Why should I hire a Knoxville car accident lawyer to file a claim?
At Banks & Jones, we’ll explain every stage of the claims process, starting with the filing of your claim. We’ll begin by having a consultation with you and entering into a contingency fee agreement, which means we don’t get paid until you get paid. We’ll normally have investigators conduct a preliminary consultation.
We’ll identify the responsible defendants (often there are responsible defendants other than the driver that struck your car or you) and their insurance companies. We’ll file formal notices with the insurance companies and a formal complaint with the Knox County courthouse. The complaint starts your legal claim.
After the defendants answer your complaint, we’ll question everyone involved through formal discovery (written and oral questions process). Our lawyers will review the relevant documents and the applicable laws. We’ll also speak with your doctors about what injuries you have, the medical care you’ll need, the cost of your care, and how your injuries are affecting you and will continue to do so in the future. We’ll review your ability/inability to work and all your financial losses. We’ll discuss how your injuries are affecting each day of your life.
At the appropriate time, we’ll prepare a demand letter and negotiate your Knoxville car accident claim with the insurance companies. If your case settles, we’ll arrange for payment. If your case doesn’t settle, our skilled trial lawyers will try your case before a jury.
We also file wrongful death claims if your loved one died in a Knoxville car accident.
What is the time limit for filing a car accident claim in Tennessee?
In Tennessee, you must file your Knoxville car accident complaint with Knox County within one year from the date of the accident. At Banks & Jones, we recommend that you contact us immediately. We need to investigate your Knoxville car accident claim while the scene of the accident is still the same, the cars haven’t been repaired yet, and everyone’s memories are still fresh. We also need to review what medical care you’re receiving. In some cases, we may recommend that you see other healthcare providers.
Do I need to submit evidence of a crash? (and if so, what evidence?)
According to the City of Knoxville:
Per T.C.A 55-10-107, Tennessee law requires that you must file, or have filed on your behalf, a personal accident report with the Department of Safety if you were involved in a crash as an owner or driver involving death or injury, or in which damage to property was in excess of one thousand five hundred dollars ($1500) to any person involved or damage to state or local government was in excess of four hundred dollars ($400). This report is required regardless of who was at fault and in addition to any report filed by an investigating officer.
Our Knoxville car accident lawyers will help you file this report. This report must be filed within 20 days of the accident. If you fail to file the report in a timely manner, your license and registration will be suspended.
The information you need to submit includes:
- Information regarding your life insurance policy
- The name of the insurer
- The name of the driver
- The name of the owner of the car
If the driver and owner of your vehicle have a certificate of compliance with the Tennessee Financial Responsibility Law of 1977, a copy of this certificate issued by the insurance commissioner should also be submitted.
How do I get a copy of my Knoxville car accident report?
Our Knoxville car accident lawyers will obtain and review the police accident report for you. Police officers usually fill out a standard police accident form.
The report will include a lot of information, including:
- When and where the accident happened, including the layout of the roads and traffic devices
- The identity of the drivers, passengers, and witnesses
- The relevant information, including insurance information
- A preliminary review of whether anyone died and what injuries anyone suffered
- What hospitals or burn centers any victims were transported to
- Whether any citations or criminal charges were issued
- The officer’s summary of how the accident occurred and who is responsible
The police report is not determinative of liability – that’s for the jury to decide or for us to negotiate with the insurance companies.
Normally, the police report is available seven days after the accident date.
What if I’m partially at fault for my car crash in Knoxville?
Do not hesitate to call us even if you were partially at fault for a car accident in Knoxville. You can still recover damages if you were partially at fault. Tennessee uses a comparative negligence law that evaluates the percentage of fault. You can recover if your share of the fault is less than 50 percent. Your damage award will be reduced by your share/percentage of fault.
Should I talk to the other driver’s insurance company?
No. You do need to notify your own insurance company, but you should never speak with the insurance company for the driver who struck you. The driver’s insurance company is only interested in denying your claim or minimizing the amount of damages they’ll pay. You should let Banks & Jones speak to the driver’s insurance company for you. If you speak with the driver’s insurance company on your own, you will likely jeopardize your case. You should never discuss a settlement with the driver’s insurance company because they won’t make a fair offer. Once you settle, you’ll can’t ask for more money when you learn your case is worth more.
Our Knoxville car accident claims lawyer will also review what information you should give your own insurance company.
Do you have a Knoxville car accident claim lawyer near me?
At Banks & Jones, we consult with car accident victims at our office located at 2125 Middlebrook Pike. If you’re too ill or immobile, we’ll make arrangements to come to you. We also speak with clients by phone and video.
We’ll answer all your questions about how to file and pursue your car accident claim. We Fight 2 Win strong compensation recoveries.
Get help now. Contact our experienced Knoxville car accident claim lawyers today
There’s a right way and a wrong way to handle car accident claims. At Banks & Jones, we take great pride in handling your case the right way. The right way starts with listening to you so we can understand what happened, how the car accident has changed your life, and all the worries and anxieties you have. The right way continues with taking the necessary step-by-step methods to show why the defendants are liable and the full amount of compensation you deserve. To assert your personal injury or wrongful death rights, please call us or complete our contact form to schedule a free consultation.