Can I Sue an Uninsured Driver Who Hit Me?

driver talking to other drive after they hit them with car

Auto insurance is an important part of owning and operating a car. If you get into an accident you could be responsible for tens of thousands of dollars in medical expenses and damages. With insurance your provider can cover the costs for you, allowing you to escape debt and long-term financial ruin. Auto insurance is simply a backup plan that protects you and your family from unforeseen accidents. If you are hit by an uninsured driver you may be concerned that you will be unable to receive compensation to cover your medical bills and other costs. If this is the case you have a few options to choose from. Reach out to a Memphis auto accident lawyer with additional questions and to obtain skilled representation during your injury case.

Is Auto Insurance Required in Tennessee?

Auto insurance is required for all drivers in Tennessee, and it is against the law to drive a car without it. Driving without insurance or proof of insurance can result in a variety of consequences. Every Tennessee driver must carry at least a liability insurance policy. The minimum requirements are as follows.

  • $25,000 in bodily injury liability per person
  • $50,000 in bodily injury liability per accident
  • $25,000 in property damage liability per accident

If a driver does not have at least the above insurance they are driving illegally. There are additional policies that can be opted into as well but are not mandatory.

Is Uninsured Motorist Coverage Required in Tennessee?

Although auto insurance is required of every driver, not everyone abides by this law. As a result, uninsured motorist coverage exists to protect drivers from being in an accident with a driver who is not covered. With this policy add-on, if you are involved in an accident with an uninsured driver you can file a claim with your own insurance provider and receive compensation this way.

Some states require a minimum amount of uninsured motorist coverage along with standard liability coverage, but Tennessee does not. Many people choose to opt into this coverage as a way to protect themselves from uninsured losses.

Can I Sue an Uninsured Driver?

If you do not have uninsured motorist coverage but still need to recover compensation for your accident, you can sue the responsible driver. As long as you file within the designated statute of limitations (one year from the date of the accident for a personal injury claim) you are within your rights to pursue legal action. However, this option is not always successful.

Even if you win your case you may not receive the damages you are owed. A driver who does not have auto insurance may not have the assets necessary to pay off any judgment that they may be given. While this is not always the case, it is a possibility.

Lawsuits take time and money so whether or not it is worth it for your situation depends on the specifics of your circumstances. Speak with an experienced personal injury attorney to discuss your legal options and the strength of your case.