Tennessee’s Financial Liability Law (TFLL) says that all drivers must have auto insurance, which is defined in Tennessee Code Annotated § 55-12-102. This gives people who are hurt in car accidents a way to sue drivers who don’t have insurance.
Still, Tennessee is an “at-fault” state, which means that if someone gets hurt in an accident, they usually go after the insurance company of the driver who caused the damage. Drivers who break the TFLL by not having insurance can’t pay the person who was hurt because they don’t have insurance.
The driver who was hurt can either file a claim with their own uninsured motorist coverage or file a civil suit against the driver who didn’t have insurance.
David E. Gordon is a board-certified personal injury lawyer who can help you get your money back after an accident with a driver who doesn’t have insurance. To discuss your options, reach out to the Law Office of David E. Gordon for a free consultation.
Getting into a car accident is stressful enough on its own. It gets even more complicated if the other driver has no insurance. Unfortunately, this is a common situation in Tennessee, where around 15% of drivers are uninsured.
If you get hit by an uninsured motorist, it can leave you scrambling to cover auto repairs and medical bills So what should you do after an accident in Tennessee if the other driver has no insurance but you’re not at fault?
I recently looked into this scenario to understand how it works in Tennessee, Here’s what I learned about handling car accidents with uninsured drivers when you have no fault
Tennessee is an “At-Fault” Car Insurance State
The first thing to know is that Tennessee follows an “at-fault” system for car accidents. This means the driver who caused the crash is responsible for all damages and injuries to the other party.
So if the other driver was uninsured but clearly at fault for hitting you, they still owe you compensation for repairs, medical expenses, lost wages from missed work, and other accident-related costs.
Your Own Insurance May Cover Damages
Although the at-fault driver should pay for your losses, they likely can’t if they have no insurance. So the next place to turn is your own car insurance policy.
Two coverages that can help are:
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Uninsured motorist bodily injury – Covers your medical costs and possibly lost wages up to the limits you selected
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Uninsured motorist property damage – Repairs damage to your vehicle caused by an uninsured driver
If you carry these coverages, your insurer should handle the claim just as if the other party had insurance. But there are some caveats:
- There may be a deductible you have to pay
- The compensation can’t exceed your coverage limits
- You may need to submit proof the other driver was uninsured
What If You Have No Car Insurance?
Things get more difficult if you have no car insurance yourself. Without coverage, you’ll likely need to pay all the bills out of pocket if the at-fault driver won’t or can’t compensate you.
Some options in this situation include:
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File a claim with the other driver – Even without insurance, the at-fault motorist is still liable. You can make a claim with them directly and potentially take legal action if they won’t pay.
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Use your health insurance – For medical expenses, submit bills to your health insurer minus copays and deductibles you’re responsible for.
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Payment plans – Many providers will create installment plans for accident-related expenses you can’t afford to pay upfront.
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Personal injury lawsuit – As a last resort, consider hiring an attorney to sue the at-fault driver to recover your costs.
Report the Accident Promptly
No matter what insurance situation applies, it’s important to report the accident promptly to the police and your insurer if you have one. Filing a timely report creates an official record and starts the claims process.
Be sure to gather key details like:
- Name and contact info of the other driver
- License plate number
- Photos of property damage, injuries, and the accident scene
- Police report number
- Witness information
Tennessee’s Uninsured Motorist Fund
Tennessee does have an Uninsured Motorist Fund that can sometimes help compensate accident victims when the at-fault driver has no insurance.
However, it has limits on:
- Who can make a claim (injured parties only, not for property damage)
- The types of accidents covered
- The maximum payout amounts
So the Uninsured Motorist Fund may not fully cover your losses. It’s considered more of a last resort if you have no other options.
Consider Uninsured Motorist Coverage
The best way to protect yourself in Tennessee is to have uninsured motorist bodily injury and property damage coverage yourself.
This optional protection is relatively affordable, often just a few extra dollars per month. But it provides peace of mind in case you get hit by a driver with no insurance.
Dealing With Accidents With Uninsured Drivers
It’s always frustrating to be in a crash caused by someone else but have them take no financial responsibility. Without insurance, collecting payment from them is difficult.
Hopefully with uninsured motorist coverage and other options, you can get the compensation you deserve. Just be sure to take the right steps at the scene, document everything, and consult your insurer immediately about how to proceed after accidents with uninsured motorists.
Tennessee Car Accident Checklist If Other Driver is Uninsured
- Gather driver details and photograph damage
- File a police report on scene
- Seek medical care even if injuries seem minor
- Report the accident to your insurer promptly
- Send insurer proof that the other party was uninsured
- Consult your policy about uninsured motorist coverage you have
- Consider hiring an attorney if the at-fault driver won’t pay
Tennessee’s Financial Liability Law
The TFLL specifies that almost every auto accident must be reported to the police. Under Tenn. Code Ann. § 55-10-106(a), drivers are to rapidly notify authorities when a collision causes property damage exceeding $50. This immediate notice rule also applies when injuries or death result. This low reporting threshold induces law enforcement intervention, thereby revealing the uninsured driver’s criminal violation of the TFLL when police collect the involved parties’ information.
If the uninsured motorist leaves without fulfilling their duties of providing information and aid, they breach Tenn. Code Ann. § 55-10-102. Drivers are obligated to stop, check if others are injured, and remain at the scene until those duties are met. Drivers face criminal penalties and license suspension if they flee.
The Law Office of David E. Gordon can review your case and explain your legal rights under the TFLL and other state laws.
Recovering Compensation: Uninsured Motorist Coverage and Litigation
A person injured in a collision with an uninsured driver has various obstacles to monetary relief.
Tennessee law requires insurance policies to contain waivable uninsured motorist coverage. If a policyholder gets hurt in an accident with an uninsured driver and doesn’t buy uninsured motorist coverage, they have to go to court to get their money.
Lawsuits present particular difficulties in these cases. For instance, if the uninsured driver flees, a “John Doe warrant” can be issued against them. But, if the driver is never found, and you do not have uninsured motorist coverage, it’s unlikely you will be reimbursed. But prompt notification of the accident to police can initiate a search for the anonymous motorist so that you can sue them in court.
Further, Tennessee has a very short statute of limitations for personal injury claims. Per Tenn. Code Ann. § 28-3-104, you must bring a complaint within one year of the crash to recover.
David E. Gordon’s experience as a personal injury lawyer in Tennessee can help you file claims in court against known uninsured drivers and find ways to get your insurance company to pay you back.
Car Accident without Insurance not at Fault Tennessee
FAQ
Can you sue an uninsured driver in Tennessee?
Is Tennessee a no-fault state for car accidents?
Can you go to jail for no insurance in TN?
Do you have to report a Fender bender in Tennessee?
Does Tennessee have no-fault car insurance?
In states that follow a no-fault car insurance system, anyone injured in a car accident must file a claim with their own insurer, regardless of who caused the accident, and compensation for pain and suffering isn’t an option, at least not initially. Tennessee isn’t a no-fault car insurance state.
Can a Tennessee driver be held to at-fault if a car accident happened out of State?
As a side note, Tennessee drivers who have a car accident out of state may be held to the at-fault law even though the accident occurred in a no-fault state. You will receive compensation depending on the injuries you suffered and the property damage incurred because of the accident.
Do you need insurance for a car accident in Tennessee?
Speak with a Nashville car accident lawyer about your options before deciding how to move forward. All drivers in Tennessee are required to have liability insurance to cover for damages and injuries that they cause. This is a cushion for drivers who would be taken to task with the Tennessee at-fault law.
Do you know Tennessee car accident laws?
If you’ve recently been injured in a car accident, it’s important to know Tennessee car accident laws as you hire a lawyer. Each year, motorists in Tennessee suffer over 5,000 car accidents resulting in fatalities or serious injuries. The state’s mountainous terrain and varied climate have caused crash-related fatalities to rise year over year.