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If you’re hit by an uninsured driver in Tennessee, your own uninsured motorist (UM) coverage could help pay your damages, provided you got the coverage and meet the policy and legal requirements.
Tennessee auto policies generally include UM coverage equal to your bodily injury liability limits, unless you reject it or choose lower limits in writing. Also, UIM benefits could be available if your limits exceed the liability coverage the at-fault driver has.
A car accident can change your life in a split second. You’re left with serious injuries, mounting medical bills, and missed time from work. Finding out that the driver who hit you doesn’t have insurance adds more stress and frustration to an already overwhelming situation.
While Tennessee law requires all motorists to carry a minimum amount of liability coverage, thousands of people drive every day without any insurance at all. When you’re left with bills for a wreck you didn’t cause, you need a way to protect yourself.
Here, we help you cut through the jargon and understand exactly how Uninsured and Underinsured Motorist (UM/UIM) coverage works in the Volunteer State, what steps you have to take to secure your benefits, and how to protect your rights after a car crash.
The Real Deal on Uninsured Driver Accidents in Tennessee
Tennessee drivers are at an incredibly high risk of sharing the road with an uninsured motorist compared with drivers in the rest of the nation.
- 2023 data show that roughly 1 in 5 drivers in Tennessee are completely uninsured, ranking our state 5th-highest in the country for uninsured motorists.
- That’s 21.3% of Tennessee drivers motoring around without insurance, and they could be next to you as you head down Broadway or hop onto I-40.
- If they hit you, you can’t just file a claim against their insurance to cover your bills.
- As a result, responsible drivers are often left vulnerable after a serious collision.
- Understanding your own auto policy is the best defense against serious financial harm following a wreck with an uninsured driver.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured Motorist (UM) and Underinsured Motorist (UIM) are two types of coverage built directly into your own auto policy to act as financial protection when an at-fault driver can’t pay for your losses.
- Uninsured Motorist (UM): This applies when the at-fault driver has zero auto insurance, or when you are the victim of a hit-and-run accident where the driver is never identified.
- Underinsured Motorist (UIM): This kicks in when the at-fault driver has insurance, but their policy limits are too low to fully cover your medical bills, lost wages, and long-term recovery needs.
While some people assume their health insurance will cover everything after an accident, health insurance alone can leave major financial gaps that UM/UIM coverage can take care of, including:
- Lost wages & lost earning capacity
- Physical pain & emotional suffering
- Long-term rehabilitation & specialized medical equipment
- Vehicle repairs or total loss replacement costs
Does Tennessee Require UM/UIM Coverage?
- Tennessee law does not make carrying UM/UIM coverage mandatory for drivers, but the state heavily regulates how insurance companies offer it to you.
- Auto insurance companies are legally required to include UM/UIM coverage in every new liability policy they write (Tennessee Code Annotated § 56-7-1201(a)(1)).
- The limits required by law for your UM/UIM coverage will automatically match your policy’s bodily injury liability limits unless you explicitly choose otherwise.
- If you decide you don’t want this protection, the law requires you to either reject the coverage entirely or choose lower limits by signing a formal, written waiver.
What You Should Do After Being Hit by an Uninsured Driver
The actions you take immediately after you’re hit by an uninsured driver are so important to recovering compensation later. Treat the scene of the accident with the same care as any other crash and make sure to follow these steps:
- Call 911 Immediately: Ask that law enforcement come to the scene so an official police report can be filed. That report could be important evidence for your claim.
- Document the Scene Thoroughly: Take clear photographs and videos of vehicle damage, road conditions, skid marks, traffic signs, and any visible physical injuries.
- Gather Witness Information: Collect names, phone numbers, and statements from anyone who saw the accident happen.
- Seek Immediate Medical Attention: Visit an emergency room or urgent care right away, even if you feel fine. Adrenaline can mask severe injuries like whiplash or internal bleeding.
You should also ask the other driver for their insurance information and make sure to write down their:
- Name
- Address
- Phone number
- Vehicle license plate
If they tell you they don’t have insurance:
- Remain calm
- Avoid arguing
- Wait for the police officer
The officer will document their lack of coverage and issue the appropriate citation.
Notify your own insurance company about the accident as soon as possible, but make sure to stick to the facts without guessing about fault or downplaying your injuries. You should also let them know that the at-fault driver is uninsured, so they are aware of a potential UM claim.
However, avoid giving a signed or recorded statement until you’ve had a chance to consult with a lawyer.
What if the Driver Left the Scene?
Unfortunately, hit-and-run accidents are very common when an at-fault driver knows they are operating a vehicle without insurance.
Your UM/UIM coverage can protect you after a hit-and-run. However, you’ve got to show that either physical contact occurred or that clear and convincing independent evidence proves the unknown vehicle caused the crash (T.C.A. § 56-7-1201(e)(1)).
You’ve also got to report the accident to law enforcement “within a reasonable time” (T.C.A. § 56-7-1201(e)(2)). The safest guidance we can give you is to report a hit-and-run to law enforcement immediately. Then, they can investigate the scene and attempt to track down the fleeing motorist. You should never attempt to chase after a fleeing driver yourself.
Read More: How to Get Your Nashville Crash Report After a Car Accident
How Long Do You Have To File a Lawsuit?
Motor vehicle crash victims have only 1 year from the date of the accident to file a lawsuit for bodily injuries (T.C.A. § 28-3-104(a)(1)). A 2-year deadline could apply if the crash leads to qualifying criminal charges and prosecution, but don’t count on that until you’ve talked to an attorney.
Generally, if you don’t file a lawsuit by the strict 1-year deadline, the Tennessee court system will almost definitely dismiss your case, permanently ending your right to seek compensation.
It’s also important to make sure you understand your own insurance policy. Waiting too long to take action can cause your insurance company to deny coverage entirely. It’s a good idea to get an experienced legal team to review your case as soon as possible.
Read More: How Long Do I Have To File a Car Accident Claim in Tennessee?
Can You Sue an Uninsured Driver Personally?
Technically, yes, you retain the right to file a personal injury lawsuit directly against an uninsured driver to hold them personally accountable for the damage they caused.
However, while getting a judgment can seem like a victory, the harsh reality is that collecting money from an uninsured driver can be difficult. Some people drive without insurance because they don’t have the financial means to pay monthly premiums. Those same people rarely have the assets, savings, or property to pay a judgment.
That’s why pursuing a UM claim through your own insurance provider is the most reliable way to get compensation.
What Damages Can UM/UIM Coverage Help Pay For?
A UM/UIM policy is designed to mimic the compensation you would have received from an at-fault driver’s liability insurance.
Your bodily injury UM coverage should help to cover your financial and personal losses, including:
- Past, current & future medical bills related to the crash
- Lost wages for the hours & days you missed while recovering
- Reduced earning capacity if your injuries stop you from going back to work or make it impossible to earn as much money as you did before the injury
- Compensation for physical pain & suffering & loss of enjoyment of life
Your property damage UM coverage handles repairs to your car or the fair market value if your car is declared a total loss, along with any other personal items damaged in the collision.
Call Bernheim Kelley for Real Answers
Filing a claim against your own insurance company after being hit by an uninsured driver in Tennessee might sound simple, but insurance companies frequently prioritize their bottom line over your well-being.
At Bernheim Kelley Injury Lawyers, we Keep It Real with our clients and focus on protecting your health, your dignity, and your financial peace of mind. We understand Tennessee’s auto insurance statutes. We know how to handle the tactics insurance adjusters use to undervalue claims.
We also operate on a contingency fee basis, which means you pay absolutely nothing out of pocket unless we get compensation for you.
To get started, call 615-813-1111 or contact our Nashville car accident attorneys online today to schedule your FREE, no-obligation consultation. Let’s get after the Real Justice you deserve.