Car accident claims hinge on persuasive evidence. The stronger your evidence proving another driver’s fault and the extent of your injuries, the…
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The moments and days after a car accident can be a whirlwind of chaos. This especially true if you have sustained serious injuries. Your first priority should be checking on the safety of everyone involved. The next step is reporting the accident to the appropriate authorities. But how long do you have to report a car accident in Tennessee?
Tennessee actually has two types of accident reporting laws that cover contacting the police directly after an accident and filing an accident report after the fact.
Tennessee law requires drivers to contact the police immediately after an accident if:
The law doesn’t specify how long immediately means, but it does specify that you must contact the police using the quickest means of communication. Technically, Tennessee law doesn’t require you to report all accidents to law enforcement. However, the threshold of $50 in property damage is so low that virtually all accidents will require police notification.
Tennessee drivers must file an Owner Operator report with the Department of Safety within 20 days of the incident if the car crash involved:
All drivers involved in the crash must file a report, regardless of who was at fault. You can submit an Owner Operator report online or submit a physical copy by mail. The report contains information about the crash, including:
Crash reports are confidential and not publicly available, but parties involved in the crash can request a copy. The point of requiring an Owner Operator report is to ensure all involved drivers meet Tennessee’s auto insurance requirements.
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The penalties for failing to report a car accident depend on whether you leave the scene without calling the police or fail to file an accident report within 20 days.
In Tennessee, leaving the accident scene after a car crash without calling the police is a hit and run — a serious criminal violation that can carry steep penalties. The severity of the punishment depends on the amount of damage the crash caused.
If the driver was under the influence of drugs or alcohol, they could also face additional criminal penalties. Aside from the civil and criminal penalties, a conviction for a hit and run could harm future employment and housing opportunities.
Failing to file an owner operator report within 20 days of the accident is a non-criminal violation that can result in a license suspension of up to 30 days and administrative penalties. Additionally, failing to file an owner operator report could affect your ability to recover financial compensation in a personal injury claim against the at-fault driver.
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There is no legal deadline for reporting a claim to insurance companies, and the exact timeline depends on the specific policy. Some insurance companies require reporting in as little as 24 hours, but the typical deadline is 30 days. Regardless of the specific deadline, it’s in your best interest to start early. The longer you delay, the more likely the insurance company will dispute or deny your claim.
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Under Tennessee law, the deadline for filing a civil action for personal injury is one year from the date of injury. If one year elapses, you can lose your ability to recover financial compensation for your injuries. Typically, the statute of limitations starts counting from the accident date, but there are exceptions. If your injuries were not detectable immediately after the accident, the deadline will instead start from when you discovered them or could have reasonably discovered them through due diligence.
If you need to file an insurance claim after a car accident, it’s crucial you work with a knowledgeable and experienced car accident attorney. They can help you gather the correct information and meet all deadlines for filing accident reports. Contact Gatti, Keltner, Bienvenu & Montesi online or call us today at (901) 526-2126 for a free consultation with an experienced personal injury lawyer in Memphis, Tennessee.