What Happens When the At-Fault Driver Doesn’t Have Insurance?
You’re stopped at a red light when another driver rear-ends you. Your car is damaged, your neck is sore, and you need medical care. Then you find out the other driver doesn’t have insurance. What now? In Tennessee, this scenario happens more often than people realize. According to recent data, about one in five drivers on the road has no insurance. That means nearly 20% of the time, the person who hits you may not have coverage to pay for your injuries. This is where uninsured motorist (UM) coverage becomes critical.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is an optional part of your auto insurance policy that protects you when the driver who causes your accident has no insurance. If you’re hit by someone who isn’t insured, or in some cases, can’t be identified, UM coverage steps in to cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Other accident-related losses
It’s designed to put you in the same financial position you would have been in if the at-fault driver had proper insurance.
Is UM Coverage Required in Tennessee?
Tennessee does not require drivers to carry uninsured motorist coverage. However, insurance companies are legally required to offer UM coverage when you buy a new policy. You can reject it in writing — but doing so can leave you dangerously exposed. Many people don’t realize how important this coverage is until they need it. By then, it’s too late to add it.
Why Underinsured Motorist Coverage Matters Too
Uninsured motorist coverage is only part of the picture. There’s also underinsured motorist (UIM) coverage. This protects you when the other driver has insurance—just not enough of it. Tennessee’s minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury. That may not come close to covering your medical bills if you suffer a serious injury like a back or neck injury. With UIM coverage, your policy fills the gap between the other driver’s limits and your actual damages—up to your own policy’s limit.
When Does UM/UIM Coverage Apply?
There are several common situations where UM or UIM coverage becomes essential:
- You’re hit by a driver who has no insurance
- The other driver flees the scene (hit-and-run)
- The at-fault driver’s policy limits don’t cover your injuries
- You’re a pedestrian or cyclist struck by an uninsured driver
- You’re a passenger in someone else’s vehicle that’s hit by an uninsured motorist
These types of claims can quickly become complex — especially when your own insurance company starts acting like your opponent.
At Glenn Injury Law, our uninsured motorist accident attorneys help injured people in Tennessee navigate these claims and fight for the compensation they’re owed.
Why You Should Never Assume You’re Fully Covered
Many drivers assume that if they have “full coverage,” they’re protected in every situation. But full coverage is a misleading term. Unless you specifically asked for UM and UIM coverage—and did not reject it in writing — you may not have it. Even if you do have coverage, the amount may be too low to fully compensate you in the event of a serious crash. Reviewing your policy limits before an accident happens is one of the smartest things you can do to protect yourself and your family.
Can You Sue Your Own Insurance Company?
It may surprise you, but yes—sometimes you need to sue your own insurance company to recover what you’re entitled to under a UM or UIM policy. Insurance companies are still profit-driven businesses. They may try to deny your claim, delay payment, or offer far less than you deserve, even though you’ve been paying premiums for years. If that happens, you have the right to take legal action and pursue a fair payout.
How Much Coverage Should You Have?
We recommend carrying uninsured and underinsured motorist coverage that matches your liability limits, ideally at least $100,000 per person and $300,000 per accident. It’s relatively affordable and can make all the difference in your recovery if you’re injured by someone with no insurance or minimal coverage. Higher policy limits also give your attorney more room to negotiate a settlement that actually reflects your losses.
Call Glenn Injury Law After a Nashville Car Accident
Being hit by an uninsured or underinsured driver is frustrating. The financial stress, combined with injury recovery, can feel overwhelming. But the right insurance and the right legal guidance can turn a devastating situation into a manageable one. Glenn Injury Law has helped countless clients in Nashville and throughout Tennessee recover the compensation they deserve when their own insurance was the only option left.
If you’ve been injured by a driver who had no insurance or not enough of it, contact Glenn Injury Law. We’ll review your case, explain your options, and fight to make sure your insurance works the way it should.