Hit by an Uninsured Driver in Nashville: 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 $15,000 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. Metro Nashville Police Department (MNPD) responds to crash reports on Nashville streets. For interstate crashes in Davidson County, Tennessee Highway Patrol takes jurisdiction.

Tennessee law (TCA 56-7-1201) requires every auto insurance company to offer UM coverage with every liability policy. The default UM limits match your bodily injury liability limits. You can reject UM coverage or select lower limits, but the rejection must be in writing and signed by the named insured. If you never signed a written rejection, you likely have UM coverage.

UM coverage pays for your bodily injury damages — medical bills, lost wages, pain and suffering, and other losses — when the at-fault driver has no insurance or cannot be identified (as in a hit and run). It functions like the at-fault driver's liability insurance would have, except you file the claim with your own insurer. The minimum UM coverage in Tennessee matches the state minimum liability limits: $25,000 per person and $50,000 per accident.

Once you sign a written UM rejection, it persists across renewals and reinstatements with the same insurer. Your insurer does not have to re-offer UM coverage at each renewal unless you submit a new application. This means many Tennessee drivers who rejected UM coverage years ago may not realize they still lack it. Check your declarations page now — if you do not see UM coverage listed, contact your insurer about adding it.

Notify your auto insurance company as soon as possible after the crash. Provide the police report number, the at-fault driver's information, and a description of your injuries and damages. Your insurer will investigate the claim, which includes verifying that the at-fault driver was in fact uninsured and evaluating fault and damages.

Your UM claim is adversarial even though you are filing with your own company. Your insurer has a financial interest in minimizing the payout. They may argue that you were partially at fault under Tennessee's modified comparative fault rule (TCA 29-11-103), that your injuries pre-existed the crash, or that your treatment was excessive. Be factual and thorough in your statements, but do not speculate or downplay your injuries. Do not give a recorded statement without understanding what it will be used for.

Tennessee's bad faith law applies to UM claims. If your insurer unreasonably delays or denies your UM claim, you may have a separate cause of action for bad faith against the insurer. This can include recovery of attorney fees and additional damages beyond the policy limits. That said, bad faith claims are difficult to prove — you need evidence that the insurer's conduct was not just wrong, but objectively unreasonable.

You can file a personal injury lawsuit against the uninsured at-fault driver in Davidson County Circuit Court or General Sessions Court (for claims under $25,000). The legal process is the same as any other car accident lawsuit — you must prove the other driver was at fault and that their negligence caused your injuries and damages.

The practical challenge is collection. Drivers who do not carry insurance often lack significant assets. A court judgment entitles you to the money, but if the defendant has no bank accounts, property, or wages to garnish, the judgment may be uncollectible. Tennessee does allow wage garnishment for personal injury judgments (subject to federal and state exemptions), and a judgment is valid for 10 years and can be renewed.

For most people hit by an uninsured driver, the UM claim is the faster and more reliable path to recovery. The lawsuit against the uninsured driver is a supplement — pursue it if the driver has identifiable assets, but do not depend on it as your sole source of recovery. Your attorney can run an asset check to determine whether a lawsuit is worth pursuing.

If you declined UM coverage in writing, your recovery options narrow significantly. You can still sue the uninsured driver directly, but collection remains the core problem. You should also check whether MedPay (medical payments coverage) is on your auto policy — MedPay pays your medical bills regardless of fault, up to the policy limit, and does not require proving the other driver was uninsured.

Check your health insurance. Your health insurance will cover accident-related medical treatment, subject to your deductible and copays. Your health insurer may assert a subrogation lien against any recovery you obtain from the at-fault driver or from a UM claim. This means if you later recover money from the uninsured driver, your health insurer may be entitled to reimbursement for what they paid.

If you live with a family member who has UM coverage, you may be covered under their policy. Tennessee's UM statute (TCA 56-7-1201) covers the named insured and family members residing in the same household. This extends to situations where you were driving your own vehicle — the household member's UM coverage can still apply if your own policy lacks UM coverage.

Tennessee follows a modified comparative fault system (TCA 29-11-103). Your damages are reduced by your percentage of fault. If you are 50% or more at fault, you recover nothing — this is the 50% bar rule. In an uninsured driver case, your own insurer will use this rule aggressively to reduce the UM payout.

Example: If your total damages are $100,000 and the insurer argues you were 30% at fault (for example, you were speeding), your UM recovery is reduced to $70,000. If the insurer can push your fault to 50%, you recover zero. This is why evidence matters — dashcam footage, witness statements, the police report, and traffic camera footage all establish what happened and who was at fault.

Do not admit fault at the scene, in your statement to the insurer, or on social media. Even casual statements like 'I didn't see them coming' can be used to argue contributory negligence. Stick to facts. Let the police report and physical evidence speak.

Tennessee's statute of limitations for personal injury is 1 year from the date of injury (TCA 28-3-104). This is one of the shortest deadlines in the country. Miss it and you lose the right to file a lawsuit — and your insurer may use the lapsed deadline as leverage in UM negotiations.

The 1-year deadline applies to lawsuits against the uninsured driver. Your UM claim is technically a contract claim against your insurer (governed by your policy terms), but the underlying personal injury statute of limitations still matters because it affects your leverage. An insurer negotiating a UM claim knows whether you can still file suit — once the 1-year deadline passes, you lose that option.

If the uninsured driver is criminally charged for the accident (for example, reckless driving or driving on a suspended license), the statute of limitations may extend to 2 years. But do not rely on this extension. File your UM claim and begin building your case immediately.

Were you hit by an uninsured driver in Nashville? 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 — including how your UM coverage applies, whether suing the uninsured driver makes sense, and whether connecting with a Nashville personal injury attorney could help your situation.

Being hit by someone without insurance feels like adding insult to injury. But Tennessee law provides real options — UM coverage, direct lawsuits, MedPay, and household policy coverage can all contribute to your recovery. Start with the Injury Claim Check to understand exactly where you stand.