Uninsured Motorist Coverage in Tennessee

FREE Case Evaluation


FILL OUT THE FORM BELOW
TO REQUEST YOUR CASE REVIEW

    Hit by an Uninsured Driver in Tennessee? Your Own Policy May Be the Case

    When the driver who hit you has no insurance, your recovery usually runs through your own uninsured motorist coverage.

    In Tennessee that happens constantly: 21.3 percent of drivers here were uninsured in 2023, the fifth-highest rate in the country.[1]

    Tennessee law requires insurers to include UM coverage in every auto policy unless it was rejected in writing.

    Many drivers are covered and do not know it.

    Tennessee uninsured motorist coverage claim attorney

    The first document worth reading after a crash with an uninsured driver is not the police report. It is your own policy.

    Here is how Tennessee UM and UIM claims actually work.



    Tennessee UM/UIM Coverage at a Glance

    • 21.3 percent of Tennessee drivers were uninsured in 2023, fifth highest in the nation
    • Insurers must include UM coverage in every Tennessee auto policy unless rejected in writing (T.C.A. § 56-7-1201)
    • UM limits default to match your liability limits unless you selected less
    • UM pays for the uninsured driver; UIM fills the gap when their policy is too small
    • You still must prove the other driver's fault, and your own insurer can contest it
    • The one-year filing clock applies to the underlying claim, so move early

    Why UM Coverage Decides So Many Tennessee Injury Claims

    "Insurance companies know our reputation."

    Two Tennessee numbers collide after a crash. The state requires drivers to carry only 25/50/25 minimum coverage, and one in five drivers carries nothing at all. Put a serious injury against that math and the at-fault driver's insurance, when it exists, is exhausted almost immediately.

    Uninsured motorist coverage exists for exactly this collision. It is your own policy standing in for the insurance the other driver should have had, paying the medical bills, lost income, and pain and suffering that driver owes you and cannot cover.


    What Tennessee Law Requires: Coverage You Have Unless You Rejected It

    T.C.A. § 56-7-1201 sets three rules worth knowing before you ever open your declarations page:[2]


    • UM coverage is automatically included in every Tennessee auto liability policy unless the named insured rejected it in writing
    • The limits default to your liability limits. A driver carrying 100/300 liability coverage carries 100/300 UM coverage unless a lower amount was selected, and it cannot drop below the state minimums while UM is in place
    • A written rejection binds everyone on the policy, which cuts both ways: one signature years ago can eliminate the coverage, and the absence of that signature means the coverage exists no matter what the insurer's first phone call suggests

    The practical move follows directly: never accept "you don't have UM coverage" as an answer without seeing the written rejection. If the insurer cannot produce one, the coverage is there.


    UM vs. UIM: Two Gaps, One Protection

    Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all, or in qualifying hit-and-run situations where the driver is never identified.

    Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, just not enough. Their policy pays its limit, and your UIM coverage addresses the gap between that limit and your actual damages, up to your own coverage amount.

    In a state full of minimum-limits policies, UIM does quiet, heavy work: it is the difference between a $25,000 recovery and a recovery that reflects a $150,000 injury.


    How a Tennessee UM Claim Actually Works

    A UM claim is not a favor from your insurer, and it does not pay automatically. You must prove the same things you would have to prove against the at-fault driver: their fault, your injuries, and your damages. Your own insurer evaluates the claim the way the missing liability insurer would have, and it can contest fault percentages under Tennessee's 49 percent comparative fault rule, dispute the medical treatment, and negotiate the value.

    Expect the file to be handled at arm's length, whatever your premium history looks like. The useful mindset: your insurer wears two hats, and on a UM claim it wears the other one. Notice deadlines, cooperation clauses, and consent requirements in the policy all have teeth, which is one more reason to bring the claim carefully and early. The wider claim process is covered on our Tennessee personal injury lawyers page.


    Hit-and-Run Crashes and Drivers Who Are Never Found

    When the driver who hit you fled and is never identified, UM coverage is usually the only path to recovery, and Tennessee applies its own proof requirements to unidentified-driver claims, including corroboration rules meant to filter out invented phantom vehicles. Report the crash to law enforcement immediately, preserve any camera footage fast, and treat the claim like the contested case it is. Our hit and run accident lawyers handle these claims and the proof problems that come with them.


    Before You Assume There Is No Money in the Case

    The most expensive mistake in an uninsured-driver crash is concluding there is nothing to recover. Between UM coverage you forgot buying, UIM sitting behind a too-small liability policy, household policies that may apply, and additional defendants who share fault, serious cases against uninsured drivers get funded more often than people expect.

    Reading the policies costs nothing. Doing it inside Tennessee's one-year filing window keeps every option open.




    Tennessee Uninsured Motorist FAQ

    What happens if I'm hit by an uninsured driver in Tennessee?

    Your own uninsured motorist coverage usually becomes the claim. It stands in for the insurance the at-fault driver should have carried, paying medical bills, lost income, and pain and suffering up to your UM limits. You still must prove the other driver's fault, and your insurer can contest the claim, so treat it like the adversarial process it is.

    Do I have uninsured motorist coverage if I never asked for it?

    Probably. Tennessee law includes UM coverage in every auto policy automatically unless the named insured rejected it in writing, and the limits default to match your liability limits. If the insurer says you have no UM coverage, ask to see the signed rejection. Without one, the coverage exists.

    What is the difference between UM and UIM coverage?

    UM applies when the at-fault driver has no insurance at all. UIM applies when they have some insurance but less than your damages: their policy pays its limit and your UIM coverage addresses the gap. In a minimum-limits state like Tennessee, UIM is frequently where the real recovery in a serious case comes from.

    Will a UM claim raise my insurance rates?

    Tennessee insurers set rates on risk factors, and an accident caused by someone else is not supposed to be treated as your chargeable fault. Fear of premiums is the most common reason people leave UM money unclaimed, and it is usually misplaced. The coverage exists for exactly this situation, and you paid for it.

    Does UM coverage apply to hit-and-run accidents?

    Usually yes, when the driver is never identified, though unidentified-driver claims carry their own proof requirements, including corroboration rules. Report the crash to police immediately and move fast on any camera footage. The sooner the claim is documented, the harder it is for the insurer to question whether the phantom driver existed.

    Find Out What Your Own Policy Is Worth

    After a crash with an uninsured or underinsured driver, the recovery is decided by coverage most people have never read.

    Injured Tennesseans deserve every dollar of protection they paid premiums for, delivered the way the policy promised.

    The trial lawyers at Lawsuit Legal read the policies, prove the fault, and press UM and UIM claims like the contested cases they are.

    Call (888) 713-6653 for a free review of your Tennessee uninsured motorist claim. You Win or It's Free.

     

     

     

     

     

    Free Case Evaluation


    FILL OUT THE FORM BELOW
    TO REQUEST YOUR CASE REVIEW

      External Resources
      Legal Representation

      "Speak with our personal injury attorneys for a free, confidential review of your potential claim. Past results vary based on the unique facts of each case."

      Find out more >>