The Short Answer:
If you’re involved in a car accident with an uninsured driver in Tennessee, try to remain calm and prioritize safety. Call the police right away to create an official report, which will be important for your insurance claim. Document the scene thoroughly by taking photos, collecting witness information, and noting vehicle and driver details. Report the crash to your insurance provider as soon as possible and clearly state that the at-fault driver had no insurance.
From there, it’s a good idea to speak with a car accident attorney who can guide you through your options. In many cases, your uninsured motorist (UM) coverage may help you recover compensation for your injuries and losses—even if the other driver wasn’t insured.
Key Takeaways
- Tennessee law requires all drivers to carry minimum liability insurance, but a significant number still drive without it.
- Uninsured motorist (UM) coverage is included in most Tennessee auto policies and can help cover your losses if the at-fault driver has no insurance.
- Suing an uninsured driver is rarely effective, as they often lack the resources to pay a judgment, even if you win.
- Act quickly. Tennessee law gives you only 1 year from the date of the accident to file a personal injury claim.
Table of Contents
- Tennessee’s Minimum Insurance Requirements
- Immediate Steps to Take After the Accident
- Why Reporting the Accident to the Police Is Crucial
- Filing an Insurance Claim in Tennessee
- Understanding Tennessee’s Uninsured Motorist Coverage
- Can You Sue an Uninsured Driver in Tennessee?
- Other Ways to Get Compensation
- When to Contact a Tennessee Car Accident Lawyer
- How to Protect Yourself From Future Uninsured Drivers
- Frequently Asked Questions
- Give Us a Call Today!
Tennessee’s Minimum Insurance Requirements
Tennessee drivers are legally required to carry 25/50/15 liability insurance, which includes:
- $25,000 for bodily injury per person
- $50,000 total for bodily injury per accident
- $15,000 for property damage
Immediate Steps to Take After the Accident
- Ensure your safety first. After a car accident, move to a safe location if possible and check for injuries. Then call 911 to report the accident and request police and medical assistance if needed. Even minor collisions should be officially documented.
- Stay at the scene and remain calm. Leaving could complicate your ability to file a claim, especially if the other driver is uninsured or flees.
- Exchange and document information. Get the other driver’s name, contact details, driver’s license number, and vehicle registration. If they admit to being uninsured, make a note—but don’t engage in an argument.
- Take comprehensive photos and videos. Capture the accident scene, vehicle damage, road conditions, traffic signs, and any visible injuries. Be sure to include wide-angle shots and close-ups.
- Speak with witnesses. If anyone saw the crash happen, ask for their name and contact info. Their statements could help support your version of events.
- If the other driver leaves the scene, try to safely note the license plate number, vehicle make and model, direction of travel, and any distinguishing features. Report this to the police immediately as a hit-and-run.
- Do not admit fault. Stick to the facts when speaking with police and others. Avoid apologizing or speculating about what caused the accident.
Why Reporting the Accident to the Police Is Crucial
- Tennessee law requires you to report any accident involving injury, death, or property damage exceeding $50. Failing to do so could result in fines or legal issues—even if the crash seems minor.
- A police report serves as official documentation of the accident. It creates a neutral, third-party record that can be critical when filing an uninsured motorist (UM) claim.
- The report helps confirm that the at-fault driver lacked insurance, which is often necessary to trigger UM coverage benefits through your own policy.
- Insurers and attorneys rely on the report to determine fault, verify the sequence of events, and assess damages. Without it, proving your side of the story can become much more difficult.
Filing an Insurance Claim in Tennessee
After the accident, one of the most important steps is to notify your insurance company as soon as possible. When you do, be sure to provide a copy of the police report and clearly state that the at-fault driver did not have insurance. This detail is essential—it’s what prompts your insurer to potentially open an uninsured motorist (UM) claim under your policy. Your UM coverage may then help pay for medical bills, lost income, and other damages, depending on the specifics of your policy and the nature of the crash.
Understanding Tennessee’s Uninsured Motorist Coverage
In Tennessee, uninsured motorist (UM) and underinsured motorist (UIM) coverage must be offered with every auto insurance policy unless the policyholder rejects it in writing. This type of coverage can be a critical lifeline if you’re injured in a crash caused by someone who either has no insurance or lacks enough coverage to pay for your damages.
UM/UIM coverage typically includes compensation for bodily injury, lost wages, and, depending on the policy, property damage. It may also apply in cases involving hit-and-run drivers where the at-fault driver is unknown or cannot be identified.
Understanding what your policy includes—and how to activate it after an accident—can make all the difference in your recovery process, especially when the other driver can’t pay for the harm they’ve caused.
Can You Sue an Uninsured Driver in Tennessee?
Yes, you can sue an uninsured driver in Tennessee—but doing so often has limited value. Even if a court rules in your favor, the reality is that uninsured drivers typically lack the assets or income necessary to pay a judgment. A civil court may issue an order for compensation, but unless the driver has wages or property that can be legally garnished, you may never see any actual payment. That’s why it’s important to speak with a car accident attorney before pursuing this route. Our experienced team can help evaluate the other driver’s financial situation and advise whether suing is a realistic and worthwhile option based on your specific case.
Other Ways to Get Compensation
If the at-fault driver doesn’t have insurance, you may still have other paths to recover damages. Your own health insurance or Medical Payments (MedPay) coverage—if included in your auto policy—can help cover medical expenses. For vehicle repairs, your collision coverage may kick in, regardless of who caused the accident. In some cases, your attorney might explore third-party liability if another factor contributed to the crash, such as a roadway hazard, traffic signal failure, or a vehicle defect. These options can help fill the gap when uninsured motorist coverage alone isn’t enough.
When to Contact a Tennessee Car Accident Lawyer
Reaching out to a car accident attorney can make a significant difference—especially if your situation involves serious injuries, the uninsured driver is disputing fault, or your own insurance company delays or denies your uninsured motorist (UM) claim. Legal help is also critical when you’re approaching the state’s strict filing deadline. In Tennessee, you typically have just 1 year from the date of the accident to file a personal injury lawsuit. An attorney can help ensure everything is filed on time and work to pursue the compensation you may deserve under your policy and the law.
How to Protect Yourself From Uninsured Drivers
- Don’t waive your UM/UIM coverage. This coverage is specifically designed to protect you if you’re hit by an uninsured or underinsured driver.
- Consider increasing your UM limits beyond the minimum required by Tennessee law for added financial protection.
- Keep updated proof of insurance in your vehicle at all times to avoid fines or legal complications if you’re ever pulled over or involved in an accident.
Frequently Asked Questions
If you declined UM coverage in writing when setting up your auto insurance, you likely won’t be able to file a UM claim after an accident with an uninsured driver. In that case, you may need to rely on health insurance, MedPay, or collision coverage, if available, or explore other legal options with an attorney.
Yes, in many cases. Tennessee allows UM coverage to apply in hit-and-run situations, including those involving “phantom vehicles” where the at-fault driver is unknown. A police report and any available evidence (like witness statements or traffic cam footage) can help support your claim.
The amount depends on your specific policy limits. Tennessee insurers must offer UM coverage equal to your liability limits unless you choose a lower amount. This means your policy might cover up to $25,000 per person and $50,000 per accident—or more, if you opted for higher limits.
Give Us a Call Today!
Tennessee drivers face a real risk of being hit by uninsured motorists. If it happens to you, don’t assume you’re out of options. Uninsured motorist coverage and the guidance of an experienced injury lawyer can make a significant difference in your ability to recover.
Were you hit by an uninsured driver in Tennessee? You may still be entitled to compensation. Schedule a FREE case evaluation today and let our team help you understand your rights and the next steps in your recovery.
