Was in a bad car accent. Neither party had insurance. Was hurt pretty bad. The one that hit me was drunk and doing drugs and had lost her license in 2008 for DUI and has a long criminal history. Heard she had another accident in January and she was drunk. And this one was in March.
You can not bring a suit against the State for the actions of this drunk driver. Confirm with local counsel.
I do not see a viable theory against the State of Tennessee based on the facts presented.
I am assuming your theory is that the state should have taken this person's license away. Actually according to your question the license as taken away but this person drove anyway. Not sure if in Tenn you can make a claim against the state for failing to take a license away but in this case the state did just that--took the person's license. Not sure what more you feel the state could have done to protect you from this person.
You should speak directly with an attorney from your state but I think it is very doubtful there exists a viable claim against the state.
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I assume that you did not have any insurance on your vehicle that had uninsured motorist coverage. If you did, your UM insurance should cover you. If not, it sounds like your only option is to sue the driver, get a judgement and hope they hit the lottery some day.
One other possible option. Have you checked into a Criminal Injuries Compensation Fund claim? The State of Tennessee has a fund to help injured victims of crime get paid for their medical bills and lost wages. It doesn't typically cover auto accidents but it does cover them if it involved a drunk driver. You can't collect pain and suffering (where the bulk of compensation for auto accidents is generated) but you can get help with your out of pocket losses such as medical bills and lost wages. Here is a link to the TN government site that explains how to file a claim. http://treasury.tn.gov/injury/
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I don't see how you would have a claim against the State. You should consult with an attorney.
Why do you want to sue the State of Tennessee? What does the State have to do with the negligent drunk driver colliding with you?
No one should own or operate any motor vehicle without maintaining adequate automobile liability insurance on it at all times. In your case, it would have been helpful if you had also purchased uninsured motorist coverage which would protect you in this situation. Without UM coverage, you will need to pursue the person individually, obtain a judgment and then attempt to collect on it.
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From the facts provided, I do not see a theory by which you can recover from the State of Tennessee. I suggest that you speak with attorneys in Clarksville about pursuing an action against the other driver. If you receive a judgment or negotiate a settlement, a collection attorney can help you collect the judgment. Beware however, such a judgment would likely be discharged if the person filed a petition for bankruptcy.
I don't see a viable cause of action against the State of Tennessee. Sorry. And I am sorry you were in a bad car accident. You have probably thought about seeing the driver of the other vehicle and she doesn't have insurance and probably no known assets. You can record your judgment and if the person ever tries to buy a house or finance something your judgment would come up on the credit - and may cause someone to offer to pay you or at least negotiate. So it may be worthwhile to pursue a judgment even though it looks like she would be judgment proof now.
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