Hit and Run Accident in Memphis: What to Do Next

Your first priority after a hit and run is safety. Move out of traffic if you can do so without worsening any injuries. Call 911 immediately. Tell the dispatcher that the other driver fled the scene. Give them whatever details you have — the direction the vehicle went, the make, model, color, and any part of the license plate number you remember. Even a partial plate can help Memphis Police identify the vehicle.

Even if your injuries feel minor, request medical attention. Adrenaline masks pain. Injuries like whiplash, concussions, and internal bleeding may not produce symptoms for hours or days. The 911 call creates a timestamped official record that your accident happened and that you reported it immediately — this matters when you file your insurance claim.

If you are physically able, stay at the scene until police arrive. Memphis Police Department will respond to hit and run calls involving injuries. For property-damage-only hit and runs where police may not respond to the scene, you can file a report by calling the non-emergency number at 901-545-2677 or by using the Memphis Police Citizens Online Police Reporting System for eligible incidents.

Evidence at a hit and run scene disappears fast. Start documenting immediately while you wait for police. Use your phone to photograph damage to your vehicle, skid marks, debris, broken glass, paint transfer on your vehicle, and the surrounding area. Take wide shots that show the intersection or road layout, and close-ups of specific damage. Paint transfer evidence is especially valuable — the color and type can help identify the other vehicle.

Look for surveillance cameras. Gas stations, ATMs, banks, apartment buildings, and retail stores near the scene may have cameras that captured the fleeing vehicle. Memphis has traffic cameras throughout the city, particularly along major corridors. Note every potential camera location — your attorney or the police can request footage before it is overwritten, which typically happens within 7–30 days depending on the business.

Talk to witnesses. Other drivers, pedestrians, and nearby business employees may have seen the vehicle or the collision. Get names and phone numbers. Ask if anyone got a photo or video. Along busy Memphis corridors like Poplar Avenue, Union Avenue, Summer Avenue, and Lamar Avenue, there are often bystanders or dashcam-equipped vehicles that captured something. Witness statements can identify the vehicle and confirm you were not at fault.

A police report is not legally required to file an insurance claim in Tennessee, but it is practically essential for hit and run cases. The report creates an official record of the accident, documents available evidence, and triggers a police investigation that may identify the other driver.

If Memphis Police officers respond to the scene, they will take your statement and create a report. If police do not respond, file a report as soon as possible by calling 901-545-2677 or using the online reporting system. Under Tennessee law (TCA 55-10-106), you must report an accident to local law enforcement if it results in injury, death, or property damage exceeding $50. You must also file a written report with the Tennessee Department of Safety within 20 days if injuries occurred or property damage exceeds $1,500 (TCA 55-10-107).

Request a copy of your police report. You will need the report number for your insurance claim. If the police investigation identifies the other driver, your case shifts from a UM claim to a standard liability claim against the at-fault driver — and the hit and run charge strengthens your civil case because leaving the scene is powerful evidence of fault.

When the hit and run driver is never found, your uninsured motorist (UM) coverage steps in. Tennessee law (TCA 56-7-1201) requires every auto insurance policy to include UM coverage unless the insured specifically rejects it in writing. UM coverage limits must equal your bodily injury liability limits unless you choose lower limits. If you carry UM coverage, it pays for your medical bills, lost wages, and pain and suffering up to your policy limits — as if you had a claim against the other driver's liability policy.

About 24% of Tennessee drivers carry no insurance at all — one of the highest uninsured rates in the country. Even when a hit and run driver is identified, they frequently turn out to be uninsured or underinsured. UM coverage protects you in both scenarios. File your UM claim promptly. Your insurance company will investigate the accident, review your police report, and evaluate your injuries before making a settlement offer.

Be aware that your own insurance company is not on your side in a UM claim. They owe you coverage under your policy, but their financial interest is to pay as little as possible. Document everything — medical records, bills, lost wages, pain journal — and do not accept the first settlement offer without understanding the full value of your claim. Tennessee law also prohibits insurers from raising your premiums or canceling your coverage solely because you filed a UM claim (TCA 56-7-1201).

Tennessee takes hit and run offenses seriously. The law is codified primarily in TCA 55-10-101 (accidents involving death or personal injury) and TCA 55-10-102 (property damage only). Every driver involved in an accident must stop immediately, provide identification and insurance information, and render reasonable assistance to injured persons.

For accidents involving only property damage, the penalties depend on the amount. Damage up to $1,500 is a Class B misdemeanor (up to 6 months in jail, fine up to $500). Damage over $1,500 is a Class A misdemeanor (up to 11 months 29 days in jail, fine up to $2,500, plus license suspension). If the accident causes injury, leaving the scene is a Class A misdemeanor with up to 11 months 29 days in jail and a $2,500 fine. If the driver knew or should have known that someone died, the charge becomes a Class E felony — 1 to 6 years in prison. If the driver is also charged with vehicular assault or homicide, those sentences run consecutively, not concurrently.

As the victim, you have the right to be notified of the criminal proceedings through the Shelby County District Attorney's office and to submit a victim impact statement. While the criminal case does not directly compensate you financially, a conviction strengthens your civil claim. A guilty plea or conviction can prevent the defendant from denying fault in your injury lawsuit, and it demonstrates to a jury that the driver knowingly fled after hurting you.

Memphis Police investigate hit and run cases, and drivers are identified more often than victims expect — through surveillance camera footage, license plate reader technology, witness tips, paint transfer analysis, or the driver's own vehicle damage leading to a body shop tip. Memphis PD also works with the Tennessee Highway Patrol and Shelby County Sheriff's Office on investigations involving county roads.

Once the driver is identified, you file a liability claim against their auto insurance (if they have it). The hit and run itself is powerful evidence of negligence and consciousness of guilt. A driver who fled the scene will have extreme difficulty arguing they were not at fault. If the driver is uninsured, you can pursue a civil lawsuit against them personally while continuing to use your UM coverage as a backstop.

Tennessee's modified comparative fault system (TCA 29-11-103) still applies. If you are found partially at fault, your damages are reduced by your fault percentage. If you are 50% or more at fault, you recover nothing. In hit and run cases, the fleeing driver almost always bears the overwhelming majority of fault — the act of leaving the scene itself is powerful evidence of irresponsibility and guilt.

Tennessee's statute of limitations for personal injury claims is just 1 year from the date of injury (TCA 28-3-104). This is one of the shortest deadlines in the country — most states allow 2 or 3 years. This deadline applies whether the hit and run driver is identified or not. For wrongful death claims, the deadline is also 1 year from the date of death. If criminal charges are brought against the driver, the deadline extends to 2 years. These deadlines are absolute — miss them by even one day, and your claim is permanently barred.

For your insurance claim, check your UM policy for notice and filing deadlines — most policies require prompt notice and cooperation with the investigation. Do not assume the 1-year statute of limitations gives you any room to wait. Evidence disappears, witnesses forget details, and surveillance footage gets overwritten quickly. The strongest hit and run claims are the ones that start building their evidence file on day one.

Want to understand your options after a hit and run accident in Memphis? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim value — including whether UM coverage, comparative fault, or other factors apply — and connect you with a Memphis personal injury attorney experienced in hit and run cases.

A hit and run is disorienting and unfair. Someone hurt you and left. Tennessee law gives you multiple paths to compensation — through your own insurance, through the at-fault driver if they are found, and through the civil courts. Start with the Injury Claim Check. It is free, confidential, and takes less time than waiting on hold with your insurance company.