Car accidents raise urgent questions about insurance claims, legal rights, and next steps. At Gary Massey Injury Lawyers, we’ve spent years helping Chattanooga residents navigate the aftermath of crashes throughout Tennessee. Below, we answer the most common questions we hear from accident victims in our community.
If you have questions about your car accident case that aren’t answered here, we’re ready to help.
Contact us today for a free consultation.
When should I call the police after a car accident in Chattanooga?
Tennessee state law requires drivers involved in traffic crashes resulting in death, injury, or property damage of $50 or more to notify law enforcement immediately. Given this low threshold, nearly every accident merits calling the police.
Will the police actually come to the accident scene?
Officers with the Chattanooga Police Department will always respond to crashes involving death or injury, a hit-and-run, impairment due to alcohol or drugs, government-owned vehicles or property, hazardous materials, disturbances between involved parties, major traffic congestion, and damage requiring towing.
Sometimes, in minor, non-injury crashes, call takers might not dispatch an officer. In that case, you are asked to:
- Exchange information with the other driver or parties involved.
- Take detailed photos.
- Inform your own insurance company of the incident.
- File a report with the state, if applicable (see below).
Do I need to file a report with the state as well?
Beyond the police report, you must file the Owner/Driver Report form with the Tennessee Department of Safety and Homeland Security if:
- The crash involved death or injury, or
- Property damage was more than $1,500 to any person involved, or
- Damage to state or local government property was more than $400.
Per T.C.A 55-10-107, this report is required regardless of who was at fault, within 20 days of the crash. Otherwise, you may risk suspension of your driving and registration privileges.
In summary, what should I do immediately after an accident in Chattanooga?
Your priorities should be safety first, then evidence preservation:
- Move vehicles to a safe location if possible, and turn on hazard lights to warn other drivers.
- Check for injuries and call 911.
- Exchange information with other drivers or parties: names, contact details, insurance information, license plate numbers.
- Take photos and videos of damage to all vehicles, the accident scene, road conditions, traffic signs, and visible injuries.
- Collect contact information from witnesses.
- Seek medical evaluation even if you feel fine—some injuries don’t show symptoms immediately.
- Notify your own insurance company of the incident.
- File the Owner/Driver Report form, if necessary.
- Request a copy of your crash report from the Chattanooga Police Department or the Tennessee Highway Patrol, depending on who responded.
Where should I seek medical treatment after a car accident in Chattanooga?
For serious injuries, consider Erlanger Baroness Hospital, Chattanooga’s Level I Trauma Center at 975 E. 3rd Street, which provides 24/7 emergency care staffed by trauma specialists.
Other emergency options include CommonSpirit Health (formerly CHI Memorial) and Parkridge Medical Center.
For non-emergency injuries that develop in the days following an accident, visit an urgent care center or schedule an appointment with your physician. Saving medical documentation from immediately after the accident strengthens your insurance claim.
How long do I have to file a lawsuit after a car accident in Tennessee?
Tennessee has one of the shortest statutes of limitations in the country: you have just one year from the date of the accident to file a lawsuit. However, don’t confuse lawsuit deadlines with insurance claim deadlines—insurance companies require notification within days, not months.
Missing the one-year deadline typically means losing your right to compensation entirely, even if your injuries are severe and the other driver was clearly at fault.
What is Tennessee’s comparative negligence rule and how does it affect my case?
Tennessee follows a modified comparative fault system. This means you can still recover compensation even if you share some blame for the accident—but only if you’re less than 50% at fault.
Here’s how it works: If you’re found 20% responsible and the other driver 80% responsible, your compensation gets reduced by your percentage of fault. If your damages total $100,000, you’d receive $80,000. However, if you’re 50% or more at fault, you receive nothing.
Insurance companies know this rule and often try to assign you as much blame as possible to reduce what they pay. This is why gathering strong evidence at the scene and working with an experienced attorney matters so much.
Can I still recover compensation if I wasn’t wearing a seatbelt?
Tennessee law (Tenn. Code Ann. § 55-9-603) requires seatbelt use, and not wearing one could potentially affect your case under the comparative fault rule. Insurance companies often argue that injuries would have been less severe had you worn a seatbelt.
However, not wearing a seatbelt doesn’t automatically bar you from recovery. The key question becomes whether your failure to wear a seatbelt actually contributed to the specific injuries you suffered. An experienced Chattanooga car accident lawyer can argue that your injuries would have occurred regardless of whether you were wearing a seatbelt.
Should I give a recorded statement to the insurance company?
No, not without speaking to an attorney first. Insurance adjusters—even from your own company—are trained to ask questions designed to minimize your claim. They might ask you to estimate your speed, describe your injuries before you’ve seen a doctor, or get you to admit partial fault.
Once you give a recorded statement, you can’t take it back. Adjusters will use your own words against you later. Instead, provide only basic facts: the accident occurred, you’re seeking medical treatment, and you’ll provide more information through your attorney.
What if the other driver doesn’t have insurance?
Tennessee drivers are supposed to comply with the Financial Responsibility Law, which can be met by purchasing auto insurance that includes:
- $25,000 for bodily injury per person
- $50,000 for total bodily injury per accident
- $25,000 for property damage
However, Tennessee ranks third in the nation for the number of uninsured or underinsured drivers—with up to one in four drivers being uninsured in West Tennessee.
Uninsured (UM) and underinsured (UIM) motorist coverage on your own policy may provide compensation when the at-fault driver lacks sufficient insurance. This situation highlights why you shouldn’t opt out of this kind of coverage, especially in a state where uninsured drivers are common.
What if I was hit by a commercial truck, rideshare driver, or company vehicle?
These types of accidents create more complicated insurance situations than typical car-on-car crashes. Multiple potentially liable parties and insurance policies may be in play, from the drivers to their companies.
Though companies typically carry higher insurance limits, their insurers defend claims aggressively with teams of lawyers working to minimize payouts. These cases demand careful investigation and significant legal experience to navigate successfully.
How much is my car accident case worth?
Case value depends on many factors: injury severity, medical expenses, lost wages, future treatment needs, pain and suffering, and your percentage of fault.
Be wary of quick settlement offers. Insurance companies often approach victims shortly after accidents with lowball offers before the full extent of injuries becomes clear. Once you accept a settlement and sign a release, you can’t go back for more money later—even if your injuries turn out to be worse than initially thought.
This is why working with an experienced Chattanooga personal injury attorney is critical. We can accurately value your claim and won’t let you settle for less than your case is truly worth.
How much does it cost to hire a car accident lawyer?
At Gary Massey Injury Lawyers, we handle most car accident cases on a contingency fee basis. This means our fee comes from your settlement or verdict—if we don’t recover compensation for you, you don’t owe us attorney fees, as long as you allow us to handle the case through to conclusion. Our initial consultations are always free and no-obligation.
Contact Gary Massey Injury Lawyers Today
Don’t wait to get help after a crash. Our Chattanooga car accident attorneys understand Tennessee law and the local court system, and we’ve successfully recovered MILLIONS for accident victims throughout the region. Contact us today for a free consultation.
