5 Things to Do if You’re Hit by an Uninsured Motorist in TN

Driving is inherently dangerous. That’s why Tennessee requires that all drivers obtain a minimum amount of auto insurance. However, despite a penalty of fines and suspended licenses, not everyone abides by the law. In fact, with 23.7% of its drivers uninsured, Tennessee has one of the largest percentages of uninsured drivers in the country. This means that when you’re in an accident, your already stressful situation can turn completely overwhelming if the other driver doesn’t have the requisite insurance. Whereas the driver who was at fault for the accident is technically liable for the related damages, your claim may look different. Here are 5 things to do if you’re hit by an uninsured motorist in Tennessee.

1. Call 9-1-1- and report the crash to the police.

Under Tennessee law, drivers are obligated to stay at the scene of an accident and notify the police if there are any injuries, fatalities, or more than $400 in property damage. This covers most car accidents, but even if you are one of the rare accidents not included, it’s important to call the police as soon as possible if you find that the other driver doesn’t have auto insurance.

By calling the police, it can help to prevent the other driver from getting away with providing you false information about him or herself. Additionally, it creates a record of the accident and holds the other driver accountable for failing to follow the insurance requirement. By reporting the other driver, you can help to prevent others from ending up in the same situation as you in the future.

2. Collect the other driver’s information as well as that of witnesses if possible.

After you have called 9-1-1-, it’s still important to collect contact information from the at-fault driver. This includes things such as his or her name, phone number, license plate number, driver’s license number, address, and insurance information. If the driver was on the job, it’s also very important to obtain the name of the company that he or she works for. This is key even if the at-fault driver doesn’t have any insurance as it can help with your insurance claim. If you are seriously injured in the crash, the police will likely collect this information on your behalf.

If you are not seriously injured, see if there are any witnesses to the crash. If so, be sure to collect their names and contact information as well.

3. Seek medical attention as soon as possible.

After any accident, it’s always important to seek medical attention right away. This is especially true if you have suffered injuries, but still so even if you think that you’re fine. This is because often time injuries take days or even weeks to appear following a car accident. However, your treating physician can perform medical tests and scans to see if there is any hidden damage. Additionally, by seeking immediate medical attention you can help to not only improve your potential prognosis, but also boost your insurance claim going forward.

4. Report the accident to your insurance company.

While you can usually file an insurance claim with the at-fault driver’s insurance company, this is obviously not the case when the other driver is uninsured. Therefore you will have to file a claim with your own insurance company despite not being at fault. Your insurance company can help to inform you as to whether or not you have uninsured (UM) or underinsured (UIM) motorist coverage.

While not mandatory in Tennessee, UI and UIM are a type of insurance generally offered by most car insurance companies. This insurance can help to divert your costs related to any accidents with UM/UIM at-fault drivers. If you have UI/UIM coverage, your insurance company will likely cover your claim.

5. Contact a qualified Tennessee personal injury attorney.

In the event that you have been in an accident with an UI/UIM but you do not have UI/UIM insurance, or if your insurance company denies your claim for any other reason, it’s best to contact a qualified Tennessee personal injury attorney. He or she can explain your options and will work hard to help you receive the compensation that you deserve.

If you can keep a journal of your accident details and the damages that you have suffered, it can help to improve your case when you meet with a lawyer. There’s also a chance that the at-fault driver shared liability with another party such as the owner of the vehicle (if they are not), a manufacturer of any of the car’s parts, or the city itself if its negligence helped to contribute to the accident (e.g. poorly kept roadways).

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.