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Separating property damage from personal injury Tn.

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  • Separating property damage from personal injury Tn.

    In Tennessee, in an auto accident. Can you separate property damage and personal injury from a car accident? I know insurance companies settle both separately, so I figured you could file separate suits.

    Someone who is fully liable ran into my car and totaled it. I have personal injury. Their insurance company is trying to give me a lowball settlement for my totaled car and states they don't take counter offers. So, I was wanting to sue in small claims to get a judgment for my property damages. And then deal with the personal injury later on.

    One lawyer said if I sued in small claims for the property damage, then I can't later sue for the injury. Which means their insurance wouldn't have to pay for my medical bills. He said you have to sue for both at the same time. Though, most of the lawyers I talked to said they don't do property damage, and I have to recover that on my own.

    Another lawyer said that other lawyer was wrong. And that I can sue both separately. I don't really want to wait a year or whatever to recover my property damages when I could get a judgment in a few weeks through small claims. But I also don't want to jeopardize my personal injury claim either.

    Plus, another reason why I want to handle the property damage on my own. Is if I combine it with the personal injury if I have to get a lawyer later. Then the lawyer will get 1/3 of the value of my car. Which I could get 100% if I go through small claims and do it myself with regards to my property damage.
    Last edited by Colt; 03-24-2011, 05:49 PM.

  • #2
    Yesterday this post was in both traffic law & acc. & personal injury. Acc. &
    personal injury had the later time so I made it the duplicate. Duplicate is no longer
    there. OP wants in acc. & personal injury forum - I am transferring the thread
    from traffic law to acc. & personal injury.

    Colt, we now have 1 thread & it's in the Accident & Personal injury forum.
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