Detailed Answer
When another driver in Tennessee has no active liability insurance on the date of your crash, state law offers several recovery paths.
1. Uninsured Motorist (UM) Coverage
Tennessee law requires insurers to offer UM coverage under Tenn. Code Ann. § 56-7-1201 [§ 56-7-1201]. UM pays for your medical expenses, lost wages and pain and suffering when the at-fault driver lacks liability insurance. You must carry at least the same limits as your liability policy.
2. Collision and Property Damage Coverage
If you purchased collision coverage, your insurer can repair or replace your vehicle regardless of the other driver’s insurance status. You may owe a deductible. Similarly, optional UM property damage coverage can reimburse repair costs under Tenn. Code Ann. § 56-7-1202 [§ 56-7-1202].
3. Direct Lawsuit Against the At-Fault Driver
You can sue the driver for negligence. You must prove duty, breach, causation and damages. However, if the driver has no assets or money, collecting on a judgment can prove difficult.
4. Tennessee Unsatisfied Judgment Fund
If you obtain a valid judgment against a driver who lacks assets and insurance, you can apply to the Tennessee Unsatisfied Judgment Fund within two years. This fund covers unpaid judgments for bodily injury or death under Tenn. Code Ann. § 29-34-101 et seq. [§ 29-34-101] and [§ 29-34-107].
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your case.
Helpful Hints
- Review your policy declarations page to confirm UM and collision limits.
- Report the claim promptly to your insurer.
- Gather photos, witness statements and the police report.
- Track all medical bills and lost wage documentation.
- Consult an attorney before signing any release or settlement.
- Note Tennessee’s one-year statute of limitations for personal injury under Tenn. Code Ann. § 28-3-104 [§ 28-3-104].