John A. Day’s Answers

John A. Day

Nashville Car / Auto Accident Lawyer.

Contributor Level 12
  1. Was in a car accident other vehicle ran red light and hit me ,found out he was excluded driver on the insurance, I have liabilit

    Answered about 1 year ago.

    1. John A. Day
    2. Christian K. Lassen II
    3. C. Donald Briggs III
    4. David Ian Schoen
    5. Kevin William Attkisson
    6. ···
    8 lawyer answers

    If the other driver is truly uninsured then your uninsured motorist coverage will offer you protection up to the limits of the insurance. You can recover for medical bills, lost earnings, pain, suffering, etc.. The other driver is still responsible for wreck (assuming it was his fault) but the insurance you purchased to protect yourself from uninsured / underinsured drivers is potentially available to you.

    15 lawyers agreed with this answer

  2. A man on a bicycle ran into my husbands car when he was at a stop. They didn't exchange information. What is our liability?

    Answered over 1 year ago.

    1. John A. Day
    2. Jeffrey Mark Adams
    3. C. Donald Briggs III
    4. Russell Warren Lewis IV
    5. Michael R Crosner
    6. ···
    9 lawyer answers

    If the incident happened the way it is described, your husband has no liability. A person must be determined to have been negligent before they can be successfully sued for damages. As you describe it, your husband did nothing wrong and therefore cannot be successfully sued. Of course, there are two sides to every story. Sometimes more. :) If the bicyclist has a different view of the facts, he may file a claim but your liability insurance company will defend the case (meaning you don't...

    13 lawyers agreed with this answer

  3. Why the attorneys will not touch this complaint once the doctor is mention?

    Answered over 1 year ago.

    1. John A. Day
    2. David Ian Schoen
    3. Christian K. Lassen II
    4. C. Donald Briggs III
    4 lawyer answers

    Medical cases are extremely difficult, and made more difficult by the fat that TN requires that experts witnesses usually must come from TN or a state contiguous to TN. Thus, the better known the doctor the harder it is to find expert witnesses who are willing to testify against him/her. Plus, you are now pushing up against the one -year deadline for giving legal notice of the claim which will make it even more difficult to find a lawyer who can do a proper investigation and determine...

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  4. What is jury call in a civil injury case

    Answered over 1 year ago.

    1. John A. Day
    2. Stephen Alan Sauer
    3. John L. Schroeder
    4. Michael Kirby Smith
    5. C. Donald Briggs III
    5 lawyer answers

    I am not sure what you mean? Jurors are subpoenaed to the courthouse to sit on juries on civil cases and I guess it is possible that is referred to as a "jury call." There is also what we call a "jury demand" which is a request by one party to a civil lawsuit to have a jury, rather than a judge, determine the facts in a civil case. I hope this helps.

    11 lawyers agreed with this answer

  5. Why can't I sue the person responsible for totaling my car for the replacement value?

    Answered 9 months ago.

    1. John A. Day
    2. Melinda Kaye Brown
    3. John Arnold Steakley
    4. Kevin H. Pate
    5. Howard Robert Roitman
    5 lawyer answers

    Because the law does not permit you to recover any thing more than the fair market value. I agree with you that penalizes innocent people, but the law is the law and filing a lawsuit and asking for more than the law entitles you to get will cause you hassle and expense and result in no additional money.

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  6. Can you sue a bar for a stabbing that results in death? fight starts inside & people kicke out and no police were called

    Answered 9 months ago.

    1. John A. Day
    2. David Ian Schoen
    3. Shane Michael Boasberg
    4. James Otto Heiting
    5. Randy William Ferguson
    5 lawyer answers

    Depending on the circumstances, the bar may have some responsibility here. Any lawsuit must be filed within one year of the date of the incident. The proper person to bring the case is the spouse of the decedent. If the decedent was not married his or her parents can bring the claim. If the decedent was unmarried and his or her parents are deceased there is still a way for a claim to be brought. Consult with an experienced lawyer to see whether a claim can be filed against the bar and...

    10 lawyers agreed with this answer

  7. I was in a real bad car accident 2 years ago I creaked my sturnan it was in a 20001honda civic the air bag did not deploy

    Answered about 1 year ago.

    1. John A. Day
    2. David Ian Schoen
    3. Christian K. Lassen II
    4. Matthew E. Wright
    4 lawyer answers

    Your claim is probably barred by Tennessee's one year statute of limitations. You and your wife knew after the incident that the air bag did not deploy, and that fact was enough to trigger the duty to investigate and determine if there was a defect in the airbag and whether that defect caused any injury to you. In addition, the vehicle is a 2001 and until Tennessee law any product liability claim must be filed within ten years of the time the product is sold to the first user or consumer....

    10 lawyers agreed with this answer

  8. Does the insurance company settle with me for medical expenses or deal directly with my insurance company?

    Answered over 1 year ago.

    1. John A. Day
    2. John Michael Phillips
    3. Andrew Daniel Myers
    4. Merry Melinda Fountain
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    You are responsible for paying any subrogation / reimbursement interest that arises under your health insurance policy and your auto policy and should not assume that the at-fault driver's company will fulfill that obligation for you. Nor should you let the company do so even if it offers to do so. It is your responsibility to see that it is done and thus you should do it. There are some defenses to claims of subrogation under the law and, if you are attempting to settle this case on your...

    10 lawyers agreed with this answer

  9. My wife lost her life in an automobile crash in January of 2014. Do I Have to accept the limit of liability of the other driver?

    Answered 8 months ago.

    1. John A. Day
    2. Stephen Alan Sauer
    3. Christopher Andrew Gaj
    4. Jeffrey Mark Adams
    5. Laura Bradley Myers
    6. ···
    6 lawyer answers

    1. You do not have to accept the liability insurance limits but it may be prudent to do so depending on the assets and future income of the at-fault driver. 2. Your wife's business has no claim under Tennessee law. 3. You would be advised to consult with a lawyer.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Medication given to my daughter caused BC Pill to stop working she now pregnant with twin no one told her the side effects.

    Answered over 1 year ago.

    1. John A. Day
    2. Christian K. Lassen II
    3. David Ian Schoen
    4. C. Donald Briggs III
    4 lawyer answers

    If the medication was prescribed in Tennessee the claim your daughter has, if any, is governed by Tennessee law. Tennessee does recognize a cause of action for "wrongful life," but there are restrictions on the amount and type of damages that can be recovered. These cases are very complicated and very dependent on the facts. If she wants to pursue this matter she should seek the services of an experienced Tennessee medical malpractice (now known as health care liability) lawyer.

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