Your Legal Options After Being Hit by an Uninsured Driver

Typically, the UM coverage is the first place an insured person should look when they are involved in a vehicle accident caused by someone who does not have liability insurance. 

If the damages from your accident exceed the limit of your UM coverage, you will have other avenues available to you; however, this typically would be your first line of recourse. How will you cover medical bills? And what if the other driver disappears altogether?

In Tennessee, car insurance rules are strict for a reason. This is a popular state in the United States; here the laws are very strict. Drivers are required to meet the Tennessee state minimum insurance coverage, which helps protect everyone on the road. But not everyone follows the law. 

In this article, we’ll explore your legal options after being hit by an uninsured driver—and what steps you can take to recover financially and legally.

What Happens When the Other Driver Has No Insurance

After a crash, you expect the other driver’s insurance to cover the damage. But if they’re uninsured, things get complicated. In Tennessee, about 23% of drivers don’t carry insurance, one of the highest rates in the country, according to the Insurance Information Institute. That means nearly one in four people on the road could leave you footing the bill if they cause an accident.

If the at-fault driver doesn’t have coverage, you’ll likely need to rely on your own insurance policy or legal action to recover costs. Here’s what that looks like.

1. Check Your Own Policy

Start with your Uninsured Motorist (UM) coverage. Most Tennessee auto policies include it by default unless you waive it in writing. UM coverage can pay for:

• Medical expenses
• Lost wages
• Vehicle repair or replacement
• Pain and suffering

It basically acts as if the uninsured driver had insurance, stepping in to cover your losses. If your damages exceed your UM limits, you may still have options, but this is usually your first line of defense.

2. File a Claim for Property Damage

If you only have basic liability coverage, it won’t cover your own car repairs. But if you added collision coverage, your insurer can help fix or replace your car after the deductible. They might then pursue the uninsured driver to recover what they paid—a process called subrogation.

Even if the driver is found at fault, collecting money directly from them can be tough. Many uninsured drivers have limited assets, making lawsuits expensive and time-consuming with little payout.

3. Consider Small Claims or Civil Court

If your losses are small and you don’t have UM coverage, you can take the uninsured driver to small claims court. In Tennessee, you can sue for up to $25,000 without hiring a lawyer.

Here’s what you’ll need:

1. A copy of the police report
2. Repair estimates or medical bills
3. Evidence showing the other driver was at fault

If the court sides with you, the driver will owe you money, but collecting it may still be difficult. You might need to request wage garnishment or a lien against their property.

4. Learn from the Experience

Being hit by an uninsured driver often exposes how fragile many insurance setups are. After handling the immediate costs, it’s worth reviewing your policy. Ask your insurer:

• Do you have both uninsured and underinsured motorist coverage?
• Are your coverage limits high enough to replace your car or cover hospital bills?
• Would a higher deductible make sense for you financially?

The Tennessee minimum insurance coverage is $25,000 for injury per person, $50,000 per accident, and $25,000 for property damage. That’s often not enough for serious crashes, so upgrading your limits can protect you later.

5. Protect Yourself in the Future

You can’t control who’s insured, but you can prepare:

• Keep UM/UIM coverage active and confirm your limits yearly.
• Photograph accident scenes right away—plates, road conditions, damage.
• Always file a police report. You’ll need it to support your claim.
• Keep your insurance agent’s contact saved in your phone.

Even careful drivers can get blindsided by someone who cuts corners. A little preparation goes a long way.

Recap

• About 1 in 4 Tennessee drivers is uninsured.
• Uninsured Motorist coverage pays for medical bills, lost income, and repairs.
• Collision coverage may cover your car if UM isn’t available.
• You can sue in small claims court for damages up to $25,000.
• Review your policy and increase limits beyond state minimums for better protection.