Can You Sue an Uninsured Driver in Tennessee?
Being involved in a car accident is stressful enough on its own. Dealing with injuries, vehicle damage, and insurance companies can feel overwhelming. But the situation becomes significantly more complicated when you discover the at-fault party is an uninsured driver.
Suddenly, the clear path to compensation becomes foggy. You might be wondering: Can I take legal action against them personally?
In Tennessee, the short answer is yes. Because Tennessee is an “at-fault” state, you have the legal right to sue an uninsured driver for the damages they caused. However, just because you can sue doesn’t always mean you should. Understanding the legal landscape and your insurance options is critical to making the best financial decision for your recovery. The car accident attorneys at Bill Easterly & Associates can help.
Your Right to Seek Compensation
Since Tennessee operates under a fault-based system for car accidents, the person who caused the crash is financially responsible for the fallout. This liability doesn’t disappear just because they failed to carry insurance.
Legally, you are entitled to file a lawsuit against the uninsured driver to recover losses such as:
- Medical bills (past and future)
- Lost wages due to time off work
- Property damage to your vehicle
- Pain and suffering
While the law is on your side regarding liability, the practical side of actually receiving that money is often where the real challenge lies.
The Reality of Suing an Uninsured Driver
The biggest hurdle in an uninsured driver accident claim is the “judgment proof” problem.
Drivers who do not carry auto insurance often fail to do so because they cannot afford the premiums. If a driver cannot afford insurance, they likely do not have significant personal assets or a high income.
You might spend months fighting a court battle and successfully win a judgment against the other driver. However, a court order to pay is only valuable if the defendant has the money to fulfill it. If the driver has no savings, no property, and low wages, you may never see a dime of that judgment. This is why suing directly is often considered the difficult path.
Your Safety Net: Uninsured Motorist (UM) Coverage
Because suing a driver with no assets is risky, your best option for compensation is usually your own insurance policy. This is where Uninsured Motorist (UM) coverage comes into play.
UM coverage is designed specifically for this scenario. It steps into the shoes of the at-fault driver’s missing insurance. Instead of chasing a stranger for money they don’t have, you file a claim with your own insurance company. They cover your medical bills, lost wages, and other damages up to the limits of your policy.
In Tennessee, state law actually requires insurance companies to offer you UM coverage when you buy a policy. Unless you explicitly rejected this coverage in writing, you likely have it. It is the primary financial recourse for most victims of an uninsured driver.
How to File a UM Claim
Filing a claim for an uninsured driver accident is slightly different from a standard claim, but the goal is the same: proving fault and damages. To build a strong case for your insurance carrier, you need to document everything immediately following the crash.
Essential evidence includes:
- Police Reports: This is crucial for establishing that the other driver was at fault and uninsured.
- Medical Records: You must prove the extent of your injuries and that they were caused by this specific accident.
- Witness Information: Statements from bystanders can corroborate your version of events.
- Photos: Pictures of the scene and vehicle damage.
It is vital to notify your insurer and file a UM claim immediately. Delays can give insurance companies grounds to complicate or deny your payout.
How Legal Assistance Can Help
Even if you have UM coverage, navigating the claims process can be tricky. Insurance companies are businesses, and they often try to minimize payouts. Furthermore, our lawyers can help investigate whether suing the uninsured driver is actually feasible.
Our experienced car accident attorneys can conduct an asset check to see if the at-fault driver has hidden resources, or if there are other liability policies involved — such as a policy held by the driver’s employer or a family member. We can help you determine if a lawsuit is worth the time and expense, or if focusing on the UM claim is the smarter route.
Protect Your Financial Future
Being hit by an uninsured driver creates immediate uncertainty, but you are not without options. While Tennessee law permits you to sue the at-fault driver, the lack of assets often makes this a dead end. Relying on your Uninsured Motorist coverage is typically the most reliable way to secure the funds you need to pay your medical bills and get back on the road.
If you are unsure about your coverage or whether a lawsuit makes sense in your specific case, contact us today to schedule a consultation so we can help ensure your rights are protected.
