Getting into a car accident is stressful, but the situation becomes even more complicated when the at-fault driver doesn’t have insurance. In Tennessee, all drivers are required to carry minimum liability coverage, but many still drive without it. If you’re hit by an uninsured driver, you may wonder how you’ll cover medical bills, vehicle repairs, and other damages. Fortunately, there are ways to seek compensation, even if the other driver lacks insurance.
Tennessee follows a “fault” system for car accidents, meaning the at-fault driver is responsible for covering the damages of the other party. However, when an uninsured driver causes a crash, they may not have the financial means to pay for injuries or property damage.
To protect yourself, Tennessee law requires insurance companies to offer uninsured motorist (UM) coverage when you purchase a policy. This coverage helps pay for medical expenses, lost wages, and other losses if you’re hit by an uninsured driver. While policyholders can decline UM coverage in writing, having it can provide crucial financial protection.
If you’ve been injured in an accident with an uninsured driver, you still have options for seeking compensation. Depending on the circumstances, you may be able to file an insurance claim, take legal action, or explore other financial recovery methods.
Uninsured motorist (UM) coverage is the easiest way to receive compensation in this situation. If you have UM coverage, you can file a claim with your own insurance company to cover expenses such as:
Keep in mind that insurance companies may attempt to minimize payouts, so it’s important to provide thorough documentation, including medical records, accident reports, and witness statements.
If you have collision coverage, your insurer may cover vehicle repair costs, even if the other driver is uninsured. Unlike UM coverage, which specifically applies to uninsured driver accidents, collision coverage applies regardless of who is at fault. However, you will likely need to pay a deductible before receiving compensation.
Another option is to file a personal injury lawsuit against the uninsured driver. If the driver has personal assets, you may be able to recover damages through a court judgment. However, many uninsured drivers lack significant financial resources, making it difficult to collect compensation.
If you choose this route, a skilled attorney can assess whether a lawsuit is worth pursuing and help you explore other legal options.
Sometimes, multiple parties may share responsibility for an accident. If a vehicle defect, poor road conditions, or a negligent third party contributed to the crash, you may be able to file a claim against them. For example:
Some drivers carry insurance, but their coverage limits are too low to cover all damages. This is where underinsured motorist (UIM) coverage comes into play. If the at-fault driver’s insurance isn’t enough to fully compensate you, your UIM policy can help cover the remaining costs.
For example, if your medical bills total $50,000 but the at-fault driver only has $25,000 in liability coverage, your UIM coverage may cover the remaining $25,000, depending on your policy limits.
To protect your right to compensation, follow these steps after an accident with an uninsured driver:
Always report the accident to law enforcement. A police report serves as crucial evidence for your insurance claim or legal case.
Take photos of the accident scene, vehicle damage, and any visible injuries. Collect witness contact information and write down details of what happened.
Even if you feel fine, see a doctor as soon as possible. Some injuries, such as whiplash or concussions, may not show symptoms immediately.
Inform your insurer about the accident, especially if you plan to file a UM/UIM claim. Be honest but cautious with your statements, as insurers may try to reduce payouts.
Dealing with insurance companies and legal claims can be complex, especially when an uninsured driver is involved. An experienced car accident attorney can help evaluate your options and fight for the compensation you deserve.
Being in an accident with an uninsured driver can be frustrating, but you still have options for seeking compensation. If you’ve been injured due to someone else’s negligence, contact us today for a free consultation. Our team is ready to help you explore your legal options and pursue the financial recovery you need.
