In TN in an auto proximate cause liability is the claimant able to collect for PD if there is no contact between the vehicles.

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In TN in an auto proximate cause liability is the claimant able to collect for PD if there is no contact between the vehicles.

IV changes lanes and the CV goes off the road, with no contact between the vehicles. In TN would the IV be liable for the damages caused by the CV striking a sign?

Asked on April 27, 2009 under Accident Law, New York

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you can prove that the driver of the lane-changing vehicle acted in an unsafe manner and was negligent, and that as a result of his negligence, you reasonably swerved to get out of his way, and in so doing, struck a sign, then that driver would be responsible for your property damage.  This is true even if there was no contact between the two vehicles.  If you have the other driver's insurance information, contact his insurer to file a claim, or go through your own insurance and they will "subrogate against" (collect the money from) that driver's insurance company.

 


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