Kessler LawKessler Law2026-07-22T17:25:49Zhttps://www.nickkesslerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1204613/2026/02/cropped-kessler-site-icon-512px-32x32.pngOn Behalf of Kessler Law<![CDATA[Why minimum auto insurance in Tennessee might not be enough]]>https://www.nickkesslerlaw.com/?p=467672026-07-21T11:02:54Z2026-07-21T11:02:54ZMinimum liability and policy caps
The most common way to comply with at-fault liability laws is to carry the minimum liability insurance for drivers. In Tennessee, you may know the policy as “25/50/25”. It caps liability at $25,000 injury per person, $50,000 injury per accident and $25,000 property damage per accident. Liability insurance policies only compensate for damage to other parties when you are at fault, not your own damages.
If you are considering auto insurance policy options, minimum insurance caps might not be enough. Here’s why you should evaluate policies more carefully.
Skyrocketing bills and costs
Getting into major car crashes can instantly cause damage costing thousands of dollars. You are more vulnerable if expensive medical bills or long-term recovery plans enter the equation. And with medical bills getting more expensive every year, you may want to have a protective cushion just in case.
Health expenses are not the only costs to worry about. The average cost of both new and secondhand cars reaches into the tens of thousands today. Every year, Every year, incremental increases in expenses make state-minimum policies less and less relevant.
Exceeding policy limits
Your insurance limits and rising expenses can quickly put you in a dangerous financial position. If actual property damages and medical bills exceed your policy’s limits, you must pay those costs out-of-pocket.
Carrying only the bare minimum insurance is a major risk. The $25,000 limit may not be enough to cover the total damages of a car collision. Injured parties can sue you directly if medical bills exceed your policy limits.
Gaps in insurance
Liability insurance only compensates other drivers’ damages, not yours. If you are at fault, you are completely unprotected from paying for your own car repairs or medical costs. Liability insurance also does not pay for other causes of damage, such as natural disasters.
Even if you are not at fault, carrying only the minimum liability insurance puts you at risk. There are many uninsured or underinsured motorists (UM/UIM) in Tennessee. If one of them hits you, they may have no means to pay for damages. Many insurance carriers offer UM/UIM coverage to protect you from these situations.
In the aftermath
Choosing a good insurance policy is only half the battle. In the aftermath of a car crash, finding good legal representation can also ensure that the legal system works to uphold your rights.]]>On Behalf of Kessler Law<![CDATA[What to do if police want to search my car in Tennessee]]>https://www.nickkesslerlaw.com/?p=467642026-06-24T22:19:59Z2026-06-24T22:19:59ZWhat to say and do during the stop
When an officer asks to search your vehicle, avoid saying "No" to prevent misunderstandings. Instead, state clearly: "I do not consent to any searches of my person or property." If pressed, decline to answer further questions. Under the Carroll Doctrine, police may search your vehicle without a warrant if they have "probable cause," such as seeing contraband or smelling drugs. Regardless, you should always clearly refuse consent to preserve your rights.
What if the police search your car anyway?
If the officer ignores your words and searches your car anyway because they claim to have probable cause, do not physically resist. Do not argue, fight or touch the officer, as this can lead to physical harm or extra criminal charges. Instead, clearly repeat your statement that you do not consent, stay calm, and watch what they do. Your lawyer can later challenge the illegal search in a Tennessee court to throw out any evidence the police found.
What if the police arrest you?
If the officer places you under arrest, you have the right to make a local phone call. Choose wisely who you call. If you call a lawyer, the police cannot legally listen to your conversation. However, if you call a girlfriend, a buddy, or a family member, the police can, and usually will listen to and record every word you say.
Why you need a defense lawyer
Tennessee laws regarding traffic stops, the Carroll Doctrine, and vehicle searches are highly complex. For instance, recent Tennessee court rulings have changed how judges look at the "totality of circumstances" regarding smells and probable cause. A skilled local defense attorney can review your case, see if the police violated your 4th Amendment rights, and fight to get your charges dropped or reduced.
]]>On Behalf of Kessler Law<![CDATA[How home security cameras can affect dog bite cases]]>https://www.nickkesslerlaw.com/?p=467632026-05-26T20:37:35Z2026-05-26T20:37:35ZWhen video evidence works in your favor
Camera footage can be the strongest evidence in your case. Here's what it can prove:
The attack actually happened: No more arguments about whether the incident occurred or how severe it was
The dog wasn't restrained: Shows the animal was loose, off-leash, or broke through inadequate fencing
You didn't provoke the dog: Contradicts owner accusations that you teased, hit or antagonized their pet
The owner knew about the problem: Prior footage showing earlier aggressive behavior proves dangerous propensities
You had permission to be there: Disproves trespassing defenses when you were making a delivery or visiting
Unlike witness statements that fade or change over time, video doesn't forget details or get nervous on the stand.
When cameras complicate things
While video doorbells and security footage can be quite valuable, it could also create problems you didn't expect.
Neighbors might not want to share their recordings. Getting footage from unwilling third parties can require subpoenas and legal action. Many camera systems automatically erase old recordings after 30 or 60 days, so evidence disappears if you wait too long.
Dog owners control their own cameras. They can delete footage before anyone asks for it. By the time you request the recording, it may already be gone. Tennessee law can penalize destruction of evidence, but usually only after the owner has been put on notice to preserve it.
It is also possible that the footage doesn't show what you expected. Camera angles can be misleading. Or the video might actually show you ignored a "Beware of Dog" sign or opened a gate you shouldn't have touched.
Act fast to preserve evidence
If a dog attacks you at or around someone's home, accessing camera footage right away can be vital. Ask the owner, nearby neighbors and any businesses with cameras pointed toward the area. Don't wait weeks to start gathering evidence.
Security cameras have made some dog bite cases much easier to win. They've also created new ways for cases to fall apart. The difference could come down to who secures the footage first and what that footage actually shows.]]>On Behalf of Kessler Law<![CDATA[What is a wife entitled to in a divorce in Tennessee?]]>https://www.nickkesslerlaw.com/?p=467492026-04-27T20:53:30Z2026-04-27T20:53:30ZHow property and finances are divided
Tennessee follows an equitable distribution model. This means the court divides marital property based on what is fair under the circumstances. Marital property includes assets and debts acquired during the marriage, such as income, the family home, retirement accounts, and shared financial obligations. Even if an asset is in your spouse name, the court may still consider it marital if you or your spouse obtained it during the marriage.
Separate property usually remains with the original owner. This can include assets owned before the marriage, inheritances, or gifts given specifically to you. However, if separate property becomes mixed with marital assets, it may lose its protected status in part or in full.
Alimony and financial support
The court may award you alimony if a financial imbalance exists between you and your spouse. Tennessee courts look closely at factors such as the length of the marriage, your earning capacity, your role during the marriage, and your spouse’s ability to pay. If you stepped away from your career to support the household or raise children, this can weigh heavily in your favor.
Support can take different forms. Some arrangements are temporary and designed to help you manage expenses during or shortly after the divorce. Others are longer term and intended for situations where becoming fully self-sufficient may not be realistic.
Children and ongoing responsibilities
If you have children, the court prioritizes their best interests. Tennessee courts use a parenting plan to outline where the child lives, how parents share time, and how they make decisions. Courts encourage both parents to remain active in the child’s life when appropriate.
Child support is determined using state guidelines that consider both parents’ income, the number of children, and the parenting schedule. The court uses a parenting plan to outline where the child lives, how parents share time, and how they make decisions. Consulting an experienced divorce attorney can help you understand your rights, protect your interests, and build a strategy tailored to your specific situation.
What influences your outcome
Every divorce is different, and the outcome depends on several factors. Courts consider the duration of the marriage, each spouse’s contributions to the household, and the overall financial situation of both parties. In some cases, fault may also play a role, particularly when determining alimony.
As a wife in a Tennessee divorce, you can claim a fair share of marital property and seek financial support based on your circumstances. The law does not guarantee an equal split, but it does aim to reach a balanced outcome that reflects your role in the marriage and your future needs.
Understanding how these rules apply to your situation can help you make informed decisions and protect your financial future as you move forward.]]>On Behalf of Kessler Law<![CDATA[What happens after a DUI arrest in Tennessee?]]>https://www.nickkesslerlaw.com/?p=467462026-03-29T05:27:57Z2026-03-29T05:27:24ZA DUI arrest in Tennessee can disrupt your license, freedom and finances almost immediately. Knowing what happens next may help you respond with more clarity.
Immediate consequences after arrest
After your arrest, law enforcement will take you into custody and begin processing your case. You can expect the following:
Booking and detention: You are photographed, fingerprinted and held until release or bond.
License suspension: Your license may be suspended right away after a failed or refused test.
Vehicle impoundment: Your vehicle is usually towed and held at your expense.
These steps often occur before you appear in court.
Criminal penalties for a first offense
Tennessee law prohibits driving with a BAC of .08% or higher under Tennessee Code § 55-10-401. If convicted, penalties may include:
Jail time: Minimum 48 hours up to 11 months and 29 days.
Fines and court costs: Often $350 to $1,500 plus additional fees.
Mandatory programs: Alcohol education, victim impact panel and probation.
Ignition interlock device: Required in many cases for restricted driving.
These penalties apply even for a first offense and may vary based on the facts of your case.
Court process and license impact
Your case moves through the criminal court system rather than a separate administrative process. You may go through several stages:
Arraignment: The court formally presents the charges.
Pretrial hearings: The judge reviews evidence and motions.
License consequences: Suspension may follow a conviction with limited restricted license options.
A restricted license may allow limited travel but it often requires an ignition interlock device.
Long-term effects on your record
A DUI conviction can create lasting consequences that extend beyond the initial penalties. These may include:
Permanent record: DUI convictions generally cannot be removed.
Increased insurance costs: Premiums may rise for several years.
Felony exposure: Repeat offenses can lead to felony charges.
These outcomes may affect your employment, finances and daily routine.
Why legal guidance may matter
Tennessee DUI laws create overlapping penalties that can affect your license, record and court outcome at the same time. Small details such as how a stop occurred or how tests were administered may influence the strength of the case.Reviewing your situation with a qualified attorney may help you better understand your options and the next steps.]]>On Behalf of Kessler Law<![CDATA[What to know before filing for divorce in Tennessee]]>https://www.nickkesslerlaw.com/?p=467242026-03-03T07:36:15Z2026-03-03T07:36:15ZMeeting Tennessee residency and legal filing requirements
Before you file, confirm that you meet Tennessee residency rules. In many cases, you or your spouse must have lived in Tennessee for at least 6 months before filing. You may need to state a recognized ground for divorce.
Tennessee allows no-fault grounds, most commonly irreconcilable differences. This means you state that the marriage cannot continue without placing blame on either spouse.
The state also recognizes several fault-based grounds, such as adultery, inappropriate marital conduct or abandonment. In these cases, one spouse claims that the other spouse’s behavior led to the breakdown of the marriage. The ground you choose may affect the issues raised in your case.
Understanding procedural timelines and court obligations
Once you file for a divorce, statutory waiting periods may apply. If you do not share minor children, the court generally cannot finalize the divorce for at least 60 days after filing. If you share minor children, that period often extends to at least 90 days.
You may need to formally serve your spouse with filed documents unless your spouse signs a waiver. When children are involved, you may need to complete a court-approved parenting education seminar before the court may enter a final decree. These steps can affect timing and preparation.
Evaluating financial and parental implications before filing
Before you proceed, assess the financial and parenting issues that may arise. In Tennessee, courts apply equitable distribution, which focuses on fairness rather than equal division. When addressing these matters, a court may review the following financial and parenting factors:
A permanent parenting plan allocating decision-making and parenting time
These issues may shape your long-term stability. By reviewing them early, you may place yourself in a stronger position to decide whether filing for a divorce now aligns with your priorities.
Clarifying your next step before filing
A divorce decision is rarely simple. You may feel uncertain about timing or next steps. Before filing, consider organizing your financial information and reflecting on your priorities, especially if children are involved.
It may also be beneficial to explore your options with a Tennessee family law professional to better understand your situation. A measured approach now may help you move forward with greater clarity.]]>On Behalf of Kessler Law<![CDATA[2 things to know after a DUI arrest in Tennessee]]>https://www.nickkesslerlaw.com/?p=467222026-03-02T05:16:37Z2026-03-02T05:16:37ZUnderstanding the Tennessee criminal court process after arrest
After booking, you may receive a formal court date. A judge may examine release conditions and determine bond requirements. During arraignment, the court may formally present the charge and address your initial response. The case can then proceed through defined stages within the local court system. These stages often include:
Examining the arrest record and chemical test results
Setting structured appearance dates before the court
Raising legal challenges or discussing negotiated outcomes
Preparing for evidentiary hearings or trial when necessary
Court progression can differ by county and case factors. For that reason, the criminal process may extend beyond the initial appearance and continue until the court resolves the charge.
Recognizing driver's license and implied consent consequences
Separate from the court case, the Tennessee Department of Safety may review your driving status. State law applies implied consent rules to drivers on public roads. After a lawful arrest supported by probable cause, an officer may request a breath or blood test.
A refusal can result in license suspension. A result that exceeds the legal limit can also trigger administrative action. You may seek a hearing within a limited timeframe to contest that suspension. This administrative process can advance independently of the criminal proceeding.
Matters to organize following a DUI charge
With two separate tracks moving at once, timing can matter. You may face filing deadlines, reinstatement fees, required alcohol education programs or ignition interlock costs depending on case factors. Some insurance carriers may also adjust rates after a DUI charge.
Before your next court date, review any paperwork you received and confirm license status through the Tennessee Department of Safety. Staying organized can help you respond promptly as each process moves forward.]]>On Behalf of Kessler Law<![CDATA[5 things to do after a car accident in Franklin County]]>https://www.nickkesslerlaw.com/?p=467192026-02-26T23:02:50Z2026-02-26T23:02:50ZPrioritize safety and report the crash
Your immediate priority is the safety of everyone involved in the incident. Move your vehicle out of the flow of traffic if it’s safe to do so. Check yourself and your passengers for any visible injuries. Follow these steps to secure the scene:
Check everyone for immediate medical needs
Move to a safe shoulder or parking lot
Wait for local officers to arrive
Calling 911 ensures that the Decherd Police or the Franklin County Sheriff's Office creates an official report. This document provides a neutral account that insurance companies require later.
Document the scene thoroughly
While waiting for help, use your phone to capture the reality of the accident. Detailed photos provide objective proof of what happened before vehicles move. Gathering the following evidence while you’re still at the scene:
Photograph all vehicle damage from multiple angles
Capture skid marks or broken glass on the road
Record the license plate numbers of all cars
Document nearby traffic signals and road signs
Visual evidence is much harder for insurance companies to dispute than verbal accounts. This documentation also helps refresh your memory weeks or months later.
Seek medical evaluation right away
Adrenaline can mask pain immediately following a traumatic event. You might feel fine at the scene but experience severe symptoms hours later. That’s why it’s so important to go to the hospital immediately, regardless of how you feel. The benefits of a prompt examination include:
Doctors can identify hidden injuries like whiplash
Your visit creates an official medical record
Any resulting treatment establishes a clear link between the crash and your condition
Proper care can prevent long-term physical complications
Medical records provide evidence for insurance claims
Prompt medical care is essential for your physical well-being. Visit a local clinic in Winchester or Decherd for a full assessment.
Watch what you say to others
Be careful when speaking with other people or insurance agents. Even a simple apology can be interpreted as an admission of fault. Stick strictly to the facts when talking to the police and avoid discussing your injuries until a doctor can see you. Keep your conversations brief and cordial to maintain your credibility and keep your legal options open.]]>