How to Handle a Car Accident With an Uninsured Driver in Tennessee

Even a minor car accident can be a hassle to resolve. However, the process becomes far more complicated when the other driver doesn’t have insurance. And when you’re severely hurt, dealing with the fallout from a car accident with an uninsured driver involves additional layers of frustration at a time when you need clarity above all else.

The good news is that you don’t have to face this situation alone. A Tennessee car accident attorney can guide you through the process of fighting for compensation while giving you the space you need to focus on healing.

Understanding Uninsured Motorist Coverage

Tennessee law requires all drivers to carry minimum liability insurance to cover any damage they may cause in an accident. As of 2024, the state mandates minimum coverage of:

• $25,000 for each injury or death per accident
• $50,000 for total injuries or deaths per accident
• $25,000 for property damage per accident

This coverage is meant to pay for any medical expenses, lost wages, and property damage suffered by others if the insured driver causes a collision.

Despite this requirement, many drivers in Tennessee either fail to carry insurance or let their policies lapse. According to the Insurance Information Institute (III), nearly 21 percent of Tennessee drivers lack insurance coverage. Only Washington, D.C., New Mexico, and Mississippi have higher percentages of uninsured motorists.

Recognizing the severity of this risk, Tennessee requires auto insurance companies to offer uninsured motorist (UM) coverage as part of every policy. However, drivers aren’t required to actually carry this coverage, and can reject it in writing. That said, if you have UM coverage, filing a claim with your provider can help cover your losses if an uninsured driver hits you.

UM coverage typically mirrors your liability limits. In other words, if you have $50,000 in bodily injury coverage, your UM coverage should match that amount unless you’ve opted for a lower limit. These policies often also include underinsured motorist (UIM) coverage. This coverage provides additional protection if the at-fault driver has insurance but it’s not enough to fully cover your losses.

Challenges in Uninsured Driver Claims 

Filing a claim after an accident with an uninsured driver can be frustrating. When the at-fault driver doesn’t have insurance to cover your losses, you may face delays, disputes, and financial uncertainty. Several challenges can arise when pursuing compensation.

Difficulty in Recovering Damages Directly from the At-Fault Driver

If the uninsured driver is at fault, you technically have the right to sue them to recover compensation for the harm they cause. However, most uninsured drivers lack the financial resources to pay for your expenses. Financial strain often prevents drivers from purchasing the required coverage in the first place. Even if you’re able to obtain a court judgment, collecting the money can be difficult, if not impossible.

Insurance Company Disputes Over Uninsured Motorist Claims

If you have UM coverage, your own insurance policy should cover your expenses and losses. Still, that doesn’t mean they’ll be inclined to pay without putting up a fight. Insurance companies are for-profit businesses looking to protect themselves, and often challenge UM claims by disputing:

• Liability – The insurer may try to shift some or all of the blame onto you to reduce the amount they have to pay.
• Coverage – The insurer may claim that you rejected UM coverage when you purchased your policy, and therefore, they’re not obligated to compensate you.
• Damage – The insurance company may downplay the severity of your injuries or vehicle damage to argue the appropriateness of a lower settlement.

Delays in the Claims Process

Because UM claims involve your own insurance company, you might expect to encounter a smoother claims process. However, insurers often take their time investigating claims and may delay payments. This can force you to negotiate aggressively or take legal action to recover fair compensation.

Legal Options for Recovering Compensation – and How an Attorney Can Help

If an uninsured driver hit you in Tennessee, don’t despair – you still have options for recovering compensation. Depending on your situation, you may be able to seek compensation through one or more of the following:

• UninsuredMotoristCoverage – If you have UM coverage, you can file a claim with your own insurance company to recover the costs of your medical treatment, lost wages, and other costs associated with the collision. However, you’ll need strong evidence to support your case because insurers often dispute these claims.
• PersonalInjuryLawsuitAgainsttheAt-FaultDriver – You have the right to sue the uninsured driver. However, collecting compensation can be difficult if they lack the assets or income to pay you. A court judgment does not guarantee you’ll receive payment.
• OtherInsuranceCoverage – Depending on your policy, you may have additional options, such as medical payments (MedPay) coverage for medical bills or collision coverage for vehicle repairs. You can also turn to your health insurance to cover your medical treatment.
• Third-PartyLiabilityClaims – You may have a claim against a third party if they contributed to the accident, such as a negligent employer in a commercial vehicle accident or a government entity responsible for unsafe road conditions.

Making sense of your options after an uninsured motorist accident can be difficult. It’s a lot to manage when you’re trying to heal. A car accident attorney in Tennessee can evaluate your case, identify all available options to recover compensation, and handle negotiations with insurers. If necessary, they can take your case to court. Because insurance companies often try to minimize UM payouts, having legal representation can improve your likelihood of receiving a fair settlement that allows you to move forward with confidence and security.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC for a Consultation with a Car Accident Lawyer

If you suffered injuries in an accident with an uninsured driver, it can feel like an uphill battle trying to get compensation for your injuries, vehicle damage, lost income, and other losses. Let the team at Gatti, Keltner, Bienvenu & Montesi, PLC put our decades of experience to work in preparing your claim and fighting for the justice and compensation you deserve. We’ve recovered over $500 million for injured Tennesseans and have the resources necessary to pursue compensation from an uninsured motorist. Contact us online or call (901) 526-2126 to schedule a free consultation with a Tennessee car accident lawyer, share your story, and learn more about the legal process.