Nashville Uninsured Motorist Lawyer
Tennessee is third in the nation for uninsured drivers, meaning that you are far more likely to get into a car accident with an uninsured or underinsured driver in the Volunteer State than almost anywhere else in the country.
If you are in a car crash with a driver who doesn’t have insurance, our Nashville uninsured accident lawyers are here to help. We’ll negotiate with your insurance company, ensuring that your personal injury claim covers all your medical bills and lost wages. Contact us today for a free initial consultation with a caring uninsured motorist lawyer.
Risk on Tennessee Roads: A State with Many Uninsured Drivers
According to the Insurance Information Institute, 21.3% of Tennessee drivers lacked insurance coverage in 2023. This is significantly higher than the national average of 15.4% and does not include underinsured drivers, whose insurance policy isn’t enough to cover an accident.
With so many drivers failing to carry insurance, it is unsurprising that Tennessee has the third-highest rate of hit-and-run accidents in the US. Nashville hit-and-run drivers typically lack insurance policies, so rather than facing the financial burden, they choose to flee.
Tennessee’s Financial Responsibility Laws
Tennessee law requires drivers to carry minimum coverage (TN Code § 55-12-139 (2024)). This includes $25,000 per person or $50,000 per accident in personal injury and $25,000 in property damage, such as vehicle repairs.
Sadly, many car crashes result in serious injuries, leaving victims with six-figure medical expenses and lost wages. To avoid paying out of your own pocket, it’s crucial to have underinsured motorist coverage for such situations.
The law also requires insurance providers to offer uninsured/underinsured motorist coverage (UI/UIM) to policyholders as part of a car insurance policy (TN Code § 56-7-1201 (2024)). However, drivers are entitled to decline this in writing, and there is no legal requirement for it.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Drivers are often unsure whether they have uninsured or underinsured motorist coverage, as the two are grouped together. However, these are different types of coverage.
Uninsured Motorist (UM) Coverage Explained
Uninsured motorist coverage is provided by your own insurance company as part of your policy. People injured in a crash that wasn’t their fault can use this to pay for their medical bills, lost income, or other damages.
This insurance is invaluable if the at-fault driver flees the scene and cannot be identified, as otherwise the injured person would be responsible for their own expenses.
Underinsured Driver (UIM) Coverage Explained
Underinsured motorist coverage is used when the at-fault driver does have insurance, but their policy limits are too low to cover all damages.
For example, assume that you have $65,000 in bills after an accident, but the other driver has only the minimum coverage of $50,000 per accident. Your underinsured motorist lawyer will ensure that the negligent driver’s insurance company pays the first $50,000, then claim $15,000 from your underinsured motorist policy.
Even though Tennessee drivers are not legally required to have underinsured driver coverage, it is an invaluable resource for crashes involving serious injury.
What Damages Can You Recover From Your Own Insurance Company?
After an accident with an uninsured or underinsured driver, you can seek compensation from your own policy. These personal injury damages can include:
- Current and future medical costs
- Lost wages
- Loss of earning capacity
- Property damage
- Physical pain and suffering
- Emotional distress, including Post-Traumatic Stress Disorder
- Loss of enjoyment of life
If your loved one passed away due to a car accident, you can also secure funeral and burial expenses, loss of financial support, loss of companionship, and grief.
Will My Car Insurance Rates Go Up for Using My Uninsured/Underinsured Coverage?
Under Tennessee law, insurance companies are prohibited from raising your rates or canceling your policy if you use your uninsured/underinsured motorist coverage for an accident that wasn’t your fault (TN Code § 56-7-1109 (2024)).
Unfortunately, insurance adjusters often use unfair tactics to prevent injured drivers from getting a fair settlement. They may use your words against you to prove that the accident was your fault or that you had pre-existing injuries unrelated to the crash. This is why it is crucial to work with an experienced law firm to take legal action on your behalf.
What About Filing a Lawsuit Against the Uninsured Driver?
While it is possible to sue the at-fault driver for the accident, this is unlikely to provide enough compensation to cover your needs. Even if a jury awards you damages, the defendant may not be able to compensate you.
Our law office will help you secure damages from your insurance company that covers your needs. Contact us for a no-obligation consultation about your legal options following a crash with an uninsured or underinsured driver.
Tennessee’s One-Year Statute of Limitations
Tennessee drivers have one year to file a lawsuit against the insurance company or driver following an accident (TN Code § 28-3-104 (2024)). This is a very brief deadline, making it essential that you contact an attorney as soon as possible.
How Our Nashville Car Accident Lawyers Can Help Your Claim
Our Nashville car accident attorneys will guide you through the claims process, ensuring that you receive a fair settlement that covers all your needs. The process is as follows.
Case Evaluation: During our initial meeting, our team will learn more about the accident and assess your damages.
Investigation: Proving liability against uninsured drivers can be difficult, especially if they fled the scene. We will use all available information, such as police reports, surveillance footage, witness statements, and dash cam footage, to identify the driver and prove they were at fault. We’ll also gather evidence of your injuries and testimony from your family and friends.
Filing a Lawsuit: This initial complaint with the Nashville Circuit Court outlines the available information and explains what damages we are seeking.
Negotiations: Once we have filed with the court, we’ll begin negotiating with your insurance. This requires sending a demand letter with all the evidence we have gathered and a settlement amount that we feel is fair. The company will then return with a counteroffer, and we will continue negotiating until you’re satisfied.
Trial Representation: Many claims settle out of court, as the litigation process is time-consuming and expensive. However, sometimes the insurance agency will refuse to offer a fair sum, or there are complex legal questions at play. In this case, our team will prepare for trial by sharing documents with the other parties, attending hearings, submitting motions, and finally sharing your story with a court.
Contact Us for a Free Consultation About Your Uninsured Motorist Claim
Uninsured motorist crashes are unfortunately common in Tennessee, but you don’t have to go through the recovery process alone. Legal support can relieve your stress, reduce your financial concerns, and protect you from unfair insurance tactics.
If you’ve been injured in an accident with an uninsured or underinsured driver, we’re here to help. Our award-winning law firm will investigate the accident, prove damages, and negotiate with your insurance agency to secure a fair settlement. You’ll receive personalized, attentive service from Nashville’s top firm, all with no out-of-pocket cost.
Grissim & Waterman works on a contingency fee basis: no legal fees unless we win. During your no-obligation case review, we’ll review your insurance policy and determine your legal options. Call us at 615-255-9999 or use our online contact form to schedule a free initial consultation with our compassionate legal team.
