What Happens If the At-Fault Driver Leaves the Scene?
Quick answer: If an at-fault driver leaves the scene of a crash in Tennessee, you may still have options for recovering compensation. Uninsured motorist coverage may apply when the driver cannot be identified, while a police investigation could identify the driver and allow you to pursue a claim against them. Tennessee has specific requirements for uninsured motorist claims involving unknown drivers, making it important to report the crash and preserve evidence as soon as possible.
A hit-and-run accident can leave you dealing with injuries, vehicle damage, and uncertainty about who will pay for your losses. When the responsible driver cannot be identified, the insurance and legal process can look very different from a typical car accident claim. Understanding Tennessee’s uninsured motorist rules and knowing what evidence to preserve can help you determine what options may be available. The car accident attorneys at Bill Easterly & Associates explain what Nashville drivers should know.
What Are the First Steps to Take After a Hit-and-Run Accident?
Acting quickly after a hit-and-run is critical. The steps you take in the immediate aftermath directly affect the strength of your claim.
1. Call 911 and Report the Accident
Report the hit-and-run to law enforcement as soon as possible. Tennessee law requires an accident involving an unknown driver to be reported to the appropriate law enforcement agency within a reasonable time as one of the requirements for recovering under uninsured motorist coverage.
Provide as much information as you can, including the direction the vehicle fled, any portion of the license plate you remember, the vehicle’s make, model, or color, and a description of the driver if you saw them.
2. Gather Evidence at the Scene
Document as much as you safely can before leaving the scene. Take photos of your vehicle’s damage, skid marks, debris, and any car parts left behind by the fleeing driver. Look for nearby businesses, homes, traffic cameras, or vehicles that may have captured the crash on video. If there are witnesses, collect their names and contact information.
Evidence can be particularly important in a Tennessee hit-and-run claim. When there was no physical contact with the unknown vehicle, Tennessee law generally requires clear and convincing evidence of the unknown motorist’s existence beyond evidence provided by occupants of your vehicle to recover under uninsured motorist coverage.
3. Seek Medical Attention Immediately
Even if you feel fine, see a doctor as soon as possible. Prompt medical care creates a documented link between the crash and your injuries, which insurers and courts rely on heavily. Delaying treatment can weaken your claim significantly.
What Insurance Coverage Applies When the At-Fault Driver Cannot Be Found?
When a hit-and-run driver cannot be identified, the injured person’s own insurance policy may become an important source of recovery. In Tennessee, uninsured motorist (UM) coverage may apply to accidents caused by unknown drivers, depending on the circumstances of the crash and the terms of the policy.
Uninsured Motorist (UM) Coverage
Uninsured motorist coverage can provide compensation when the driver responsible for an accident is uninsured or cannot be identified. Depending on the policy and circumstances, UM coverage may help compensate an injured person for losses resulting from the accident.
Tennessee also has specific requirements for UM claims involving unknown drivers. Under Tennessee law, there generally must be actual physical contact with the unknown vehicle or clear and convincing evidence establishing the existence of the unknown motorist from evidence other than the occupants of the insured vehicle. The accident must also be reported to the appropriate law enforcement agency within a reasonable time.
These requirements make evidence especially important after a hit-and-run. Photos, surveillance footage, independent witnesses, debris, and other evidence may help establish what happened and support an uninsured motorist claim.
How Do Police Investigations Affect Your Hit-and-Run Claim?
Law enforcement plays a meaningful role in hit-and-run cases. Investigators use surveillance footage, witness accounts, and physical evidence to track down fleeing drivers. If the at-fault driver is identified, your options expand considerably.
Once a driver is found, you can file a claim against their liability insurance policy, just as you would in a standard accident. You also have the right to pursue legal action directly against that driver to recover damages not covered by insurance. A successful police investigation can significantly increase the compensation available to you.
Why Do You Need Legal Help With a Hit-and-Run Claim?
Hit-and-run claims involve multiple coverage types, overlapping timelines, and insurance companies that may push back on your claim. Navigating this process without legal guidance puts you at a disadvantage.
An attorney can identify every available coverage option, handle communications with insurers, and protect your rights throughout the claims process. This is especially important if your injuries are serious or if the at-fault driver is eventually found and litigation becomes a possibility.
Injured in a Hit-and-Run in Nashville? Contact Bill Easterly & Associates
If you were involved in a hit-and-run accident in Nashville, Tennessee, you do not have to handle the claims process alone. Bill Easterly & Associates helps hit-and-run victims pursue the compensation they deserve, from navigating insurance coverage to taking legal action against at-fault drivers. Contact Bill Easterly & Associates today for a free consultation and let us fight for your rights.
Frequently Asked Questions
What should I do immediately after a hit-and-run accident?
Call 911, gather evidence at the scene, collect witness information, and seek medical attention right away. These steps protect your health and strengthen your hit-and-run claim.
What if the at-fault driver is never found?
Uninsured motorist coverage may provide a source of compensation when a hit-and-run driver cannot be identified. However, coverage depends on your policy and whether the claim satisfies Tennessee’s requirements for accidents involving unknown motorists. Reporting the crash promptly and preserving evidence can be especially important in these cases.
Can I sue the driver who fled the scene?
Yes, if law enforcement identifies the at-fault driver, you have the right to file an insurance claim against them or pursue a personal injury lawsuit directly.
Can I make a hit-and-run claim if the other vehicle never hit my car?
Potentially. Tennessee law allows an uninsured motorist claim involving an unknown driver without physical contact if the existence of the unknown motorist can be established by clear and convincing evidence other than evidence provided by occupants of the insured vehicle. Other requirements also apply, including reporting the accident to the appropriate law enforcement agency within a reasonable time.
How long do I have to file a hit-and-run claim in Tennessee?
Tennessee generally allows one year from the date of the accident to file a personal injury claim. Consulting an attorney early ensures you meet all deadlines.
