Legal Question in Personal Injury in Tennessee

Statue of limitations

I was involved in an accident on 4 Sept 03. I was backed over by a non-insured motorist (I was a pedestrian). I informed my insurance company right away. I have finally healed enough that I feel comfortable settling with the insurance co. How long do I have to do this? They have already made 2 offers one of $1000.00 and the second of $1500.00. I made contact with them and told them that did not sound reasonable, due to all the pain, suffering, and scarring left. I have sent them pictures since our last conversation, and now I am worried that I am running out of time to file in court if necessary.


Asked on 8/31/04, 8:51 pm

2 Answers from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Statue of limitations

Oh my gosh!! You have only until Sept. 4, 2004, to file a lawsuit against the person who backed into you and potentially your insurance company. The difficulty here is that you were a pedestrian, so only your health insurance company has liability -- not the uninsured motorist policy on your automobile. Most health insurance companies will only pay out of pocket expenses, and not pain and suffering expenses. You need to drop whatever you are doing on Tuesday and Wednesday and go see at least 3 personal injury attorneys to get their opinions on whether you have a case.

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Answered on 8/31/04, 9:09 pm
Marc Reisman Rosenblum & Reisman, P.C.

Re: Statue of limitations

Please contact an attorney right away. Under TN law, the Statute of Limitations (deadline to file suit) is one year from the date of the incident. If you are not satisfied with the settlement offer, you will need to file suit to preserve your right to keep negotiating or ultimately have your day in court. If for some reason you do not find a lawyer, file it yourself, but that is certainly not advisable. You may not name the right party, you may not give proper notice or obtain proper service and such flaws can have harmful results such as dismissal.

You will want to check all available insurance policies for coverage. Check your auto insurance for uninsured motorist coverage and see if it applies. If you are covered by someone else's policy, check that policy as well.

Good luck.

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Answered on 9/01/04, 11:38 am


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