What Happens If the At-Fault Driver Isn’t Insured Under Tennessee Law?

Tennessee’s Financial Liability Law (TFLL) requires motorists to carry auto insurance as defined in Tennessee Code Annotated § 55-12-102, granting people injured in car accidents leverage against uninsured drivers.

Still, Tennessee is an “at-fault” state, meaning someone injured in an accident typically seeks payouts from the at-fault driver’s insurance company. When a motorist violates the TFLL by driving without insurance, they have no insurance with which to pay the injured person.

In this situation, the injured driver may pursue their own uninsured motorist coverage or a civil suit against the uninsured driver.

David E. Gordon, a board-certified personal injury lawyer, can help you recoup your losses following a car crash with an uninsured driver. To discuss your options, reach out to the Law Office of David E. Gordon for a free consultation.

Tennessee’s Financial Liability Law

The TFLL specifies that almost every auto accident must be reported to the police. Under Tenn. Code Ann. § 55-10-106(a), drivers are to rapidly notify authorities when a collision causes property damage exceeding $50. This immediate notice rule also applies when injuries or death result. This low reporting threshold induces law enforcement intervention, thereby revealing the uninsured driver’s criminal violation of the TFLL when police collect the involved parties’ information.

If the uninsured motorist leaves without fulfilling their duties of providing information and aid, they breach Tenn. Code Ann. § 55-10-102. Drivers are obligated to stop, check if others are injured, and remain at the scene until those duties are met. Drivers face criminal penalties and license suspension if they flee.

The Law Office of David E. Gordon can review your case and explain your legal rights under the TFLL and other state laws.

Recovering Compensation: Uninsured Motorist Coverage and Litigation

A person injured in a collision with an uninsured driver has various obstacles to monetary relief.

Tennessee law requires insurance policies to contain waivable uninsured motorist coverage. If a policyholder injured in a crash with an uninsured driver doesn’t purchase uninsured motorist coverage, they must resort to litigating their claims.

Lawsuits present particular difficulties in these cases. For instance, if the uninsured driver flees, a “John Doe warrant” can be issued against them. But, if the driver is never found, and you do not have uninsured motorist coverage, it’s unlikely you will be reimbursed. But prompt notification of the accident to police can initiate a search for the anonymous motorist so that you can sue them in court.

Further, Tennessee has a very short statute of limitations for personal injury claims. Per Tenn. Code Ann. § 28-3-104, you must bring a complaint within one year of the crash to recover.

David E. Gordon’s background in Tennessee personal injury law can help you bring claims against known uninsured motorists in court and discover avenues of reimbursement with your insurance company.

The Law Office of David E. Gordon Has the Experience to Help You Recover

Contact the Law Office of David E. Gordon for a consultation, free of charge, to explore how you can gain compensation after being injured in a car accident with someone unlawfully driving without insurance in Tennessee.

The Law Offices of David E. Gordon

The Law Offices of David E. Gordon