Hit by an Uninsured Driver in Memphis: What Are Your Options?

Call 911 immediately. Tell the responding officer that the other driver may not have insurance — ask the officer to verify insurance status and document it in the police report. Under Tennessee law, all drivers must carry liability insurance (TCA 55-12-102), and driving without it is a Class C misdemeanor. The minimum required liability coverage in Tennessee is $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage.

Document everything, even if the other driver has no insurance. Photograph all vehicles, damage, license plates, road conditions, traffic signals, and your injuries. Get the uninsured driver's name, address, phone number, and driver's license number. Without insurance, you will need to identify the driver personally if you file a UM claim or a lawsuit.

Get witness contact information. Witnesses are especially important in uninsured driver cases because your own insurance company — the one paying your UM claim — will scrutinize fault more carefully than if you were filing against another company. An independent witness confirming the other driver was at fault strengthens your UM claim significantly. Memphis Police Department responds to crash reports on city streets. For interstate crashes in Shelby County, Tennessee Highway Patrol takes jurisdiction.

Tennessee requires every auto insurer to offer uninsured motorist (UM) coverage under TCA 56-7-1201. However, unlike states that mandate UM coverage, Tennessee allows you to reject it in writing. If you signed a waiver declining UM coverage when you purchased your policy, you may not have it. Check your declarations page — the summary of coverages and limits — to confirm whether UM coverage is listed and at what limits.

If you have UM coverage, your policy pays for your bodily injury damages when you are hit by an uninsured driver. Your UM limits may match your liability limits or may be lower, depending on what you purchased. Tennessee's minimum liability coverage is $25,000/$50,000 for bodily injury, and many drivers carry UM coverage at the same level. Higher UM limits mean more protection when an uninsured driver hits you.

If you do not have UM coverage, your options are more limited. You can file a claim under your own collision coverage for vehicle damage (if you carry it), use your health insurance or MedPay for medical bills, and sue the uninsured driver directly. Without UM coverage, there is no insurance policy to compensate you for pain and suffering, lost wages, or other bodily injury damages — you must recover those directly from the at-fault driver.

If you have UM coverage, file a claim under your own policy as soon as possible after the accident. Your insurer steps into the shoes of the missing insurance company and pays your bodily injury damages up to your UM policy limits. This includes medical expenses, lost wages, pain and suffering, and other bodily injury damages — the same categories you would recover from the at-fault driver's liability policy if they had one.

Filing a UM claim feels strange because you are making a claim against your own insurer. But your insurer is not on your side in a UM claim. They are paying out of their own pocket, so they have every incentive to minimize the amount. They may argue you were partially at fault (reducing the payout under Tennessee's comparative fault rule), dispute the severity of your injuries, or challenge whether your medical treatment was reasonable and necessary.

Tennessee's UM statute (TCA 56-7-1201) provides that UM coverage applies to bodily injury caused by the owner or operator of an uninsured motor vehicle. UM coverage also applies in hit-and-run situations where the at-fault driver is unidentified. If the uninsured driver damaged your vehicle, UM does not pay for property damage — you would need collision coverage or a direct lawsuit for that.

Yes. You have the legal right to file a personal injury lawsuit against an uninsured driver in Tennessee. You would file in Shelby County Circuit Court or General Sessions Court (for claims under $25,000) if the accident happened in Memphis. You must prove the other driver was at fault and that you suffered injuries and damages as a result.

The practical challenge is collection. Many uninsured drivers lack assets — they do not carry insurance because they cannot afford it, which often means they cannot pay a court judgment either. However, suing is not always pointless. If the driver owns property, has wages that can be garnished, or may acquire assets in the future, a judgment can be enforced. Tennessee allows wage garnishment for civil judgments, and judgments accrue interest at 2% above the Treasury bill rate.

Most attorneys recommend filing your UM claim first for immediate recovery, then considering a lawsuit against the uninsured driver for any damages that exceed your UM policy limits. An attorney can evaluate whether the uninsured driver has assets worth pursuing.

Beyond UM coverage and a lawsuit, you may have other options. If you carry collision coverage on your auto policy, it will pay for vehicle repairs regardless of who was at fault (minus your deductible). Your health insurance can cover medical bills while the UM claim is processed — though your health insurer may seek reimbursement from your UM settlement through subrogation. If you have medical payments (MedPay) coverage on your auto policy, it pays medical expenses up to its limit regardless of fault — and it pays faster than a UM claim.

If the uninsured driver was operating a vehicle owned by someone else, the vehicle owner's liability insurance may cover the accident. Tennessee's owner consent statute can hold vehicle owners responsible for damages caused by someone they allowed to drive their vehicle. This is worth investigating if the uninsured driver was borrowing a friend's or family member's car.

If the accident involved a commercial vehicle or an employer-owned vehicle, the employer's insurance may provide coverage even if the driver personally had no insurance. Workers' compensation may also apply if you were injured while working at the time of the crash.

Tennessee's modified comparative fault system (TCA 29-11-103) applies to UM claims just as it does to any other personal injury claim. Your own insurer can argue that you were partially at fault for the accident, which reduces your UM payout by your percentage of fault.

For example, if your damages total $80,000 and the insurer successfully argues you were 25% at fault, your UM payout would be reduced to $60,000. If the insurer argues you were 50% or more at fault, you recover nothing from your UM coverage. Tennessee's 49% threshold is stricter than many states — at exactly 50% fault, you are barred from recovery.

This is one of the most important reasons to hire an attorney for a UM claim. Your own insurer has a financial incentive to attribute fault to you, and they will use the same tactics any opposing insurance company would. An attorney can push back on unjustified fault allocations and protect your recovery.

Tennessee's statute of limitations for personal injury claims is just 1 year from the date of injury (TCA 28-3-104). This deadline applies to both lawsuits against the uninsured driver and to disputes with your own UM insurer. For wrongful death claims, the deadline is also 1 year. Miss this deadline and your case is permanently dismissed.

Under Tennessee's Financial Responsibility Law (TCA 55-12-101 et seq.), driving without insurance is a Class C misdemeanor punishable by a fine of $100 to $300 for a first offense and increased penalties for subsequent violations. The driver's license and vehicle registration can be suspended. To reinstate, the driver must file an SR-22 certificate proving future financial responsibility and pay reinstatement fees. Despite these penalties, Tennessee's uninsured rate remains among the highest in the country.

Want to understand your options after being hit by an uninsured driver 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 what UM coverage may be available, whether a lawsuit makes sense, and the strength of your claim — and connect you with a Memphis personal injury attorney experienced in uninsured motorist cases.

Being hit by an uninsured driver is frustrating, but it does not mean you are out of options. If you carry UM coverage, you have a direct path to compensation. If you do not, a lawsuit or other insurance coverages may still help. Start with the Injury Claim Check to learn exactly what your options are. It is free, confidential, and takes about 60 seconds.