Legal Question in Personal Injury in Tennessee

MVA No insurance, Who is at fault?

I was involved in an accident a couple months ago. I was in the turning lane about to turn into a private drive on the left, and, as I was doing so, the three lanes of traffic on my right stopped to let another vehicle turn left from a private drive on the right. The driver crossed the three lanes of stopped traffic and the front of that vehicle then entered the turn lane I was in and I struck the vehicle. The driver of that vehicle had an insurance card that said he was covered, but when I called his insurance company they said the policy was cancelled due to nonpayment. I was uninsured at the time as well. The other driver was issued a citation for failure to yield entering from private drive and I was issued a citation for violation of vehicle registration and Financial Responsibility Law. I had just purchased the vehicle and I have had both of these charges set aside and dismissed. I contacted the other driver and he says that he had his ticket dismissed saying the judge did not think it was his fault. Is he still at fault, or am I the one at fault? He also says he filed a civil lawsuit against me when he got his ticket dismissed. Should I sue him? Who's fault is it? Can they give him ticket for no insurance still?


Asked on 3/28/06, 9:34 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: MVA No insurance, Who is at fault?

What happens on a traffic citation does not determine what happens in a civil lawsuit. Whether you should sue him or not largely depends on how much your damages were. If your damages were worth suing over, file suit. As to whether the police could still cite him for not having insurance, they could not do so under TN law.

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Answered on 4/09/06, 10:19 pm


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