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Articles Tagged with motor vehicle collision

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Some of the first concepts that law students are taught involve identifying the potential parties to a lawsuit and the appropriate court to file their claim. For instance, in order to seek relief in a court of law, a potential plaintiff must have standing. This means that the party has a sufficient connection to the issue to support that person’s participation in the legal proceedings at issue.

It’s a simple enough idea. But what happens when a plaintiff dies before the matter is resolved? Tennessee Rules of Civil Procedure 25.01 states that, unless the claim is extinguished by the plaintiff’s death, another interested party (such as the successor or representative of the plaintiff) may file a motion to be substituted as the plaintiff.

A Tennessee appellate court recently had an occasion to review a trial court’s decision regarding this issue in a motor vehicle collision case.

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When a person is involved in a motor vehicle accident, he or she typically expects there to be a dispute about who was at fault or how much the claim is worth. What most people do not expect, however, is that a “routine” car accident case can quickly escalate into a battle with one’s own insurance company.

A recent case decided by Kentucky’s intermediate court of appeals illustrates the difficulties that can arise when an insured’s expectations as to what is provided under a policy do not line up with the language of the actual document. The case came down to what type of insurance would be paying the claim: uninsured motorist or liability insurance coverage.

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