What is the Value of an Uninsured Motorist Claim?

In Tennessee, drivers are required to carry car insurance. The minimum requirements include $25,000 for each injury or death per crash, $50,000 total per crash, and $25,000 for property damage per accident. Of course, this doesn’t stop some drivers from operating their vehicles without car insurance. If the police find out that they do not have insurance after a crash, they may be fined and could even lose their driver’s license or vehicle registration—but that doesn’t help you with your medical bills, damaged vehicle, and other losses.

The answer to that issue is uninsured motorist insurance. If you’re in a crash and the at-fault driver does not have car insurance, you can still get the compensation you need through your own policy. If you’ve been injured in a Tennessee car accident and you don’t know what your next steps should be, let’s talk. Call Wagner Workers’ Compensation & Personal Injury Lawyers to set up a consultation.

An overview of uninsured motorist coverage

In an ideal world, every driver would be responsible and have at least minimum insurance coverage, if not more. But as many Tennessee drivers find out every day, that isn’t the case—and when you’re hit by a driver without insurance, you still deserve to have your expenses covered. That is when uninsured motorist insurance steps in. You can get your vehicle repairs and medical expenses paid for, essentially protecting yourself from financial ruin caused by a careless driver.

Factors affecting how much you may receive

There are several different factors that determine how much compensation you may receive for an uninsured motorist claim. Some of these factors include:

• Policy limits: The limits of your policy play a big role in determining how much compensation you receive, just like they do in any other type of crash. If you’re hit by a driver and they cause $1,000,000 in bodily harm but they only have state minimum coverage, that’s likely all you can recover—and that’s the case here, as well.
• State law: Each state has its own laws regarding uninsured motorist coverage. In Tennessee, the limits of your uninsured motorist coverage are equal to the bodily injury liability limits of your policy. The state also gives you the option to add uninsured motorist property damage coverage up to the limit of your property damage liability coverage.
• Severity of your injuries and property damage: The extent of your injuries and the damage to your car obviously play a big part in how much compensation you ultimately receive. You’ll want to collect evidence in the same way you would if you had a personal injury claim against the other party, as this is essentially you getting that same compensation from your own insurance company.
• Circumstances of the collision: The insurance company will ask for evidence regarding the crash, as this coverage kicks in when the other party is at fault. You can submit a police report, any photos and video footage you may have, and your own statement about what occurred.

Common scenarios and their potential worth

Imagine a scenario where a driver rear-ends you at a low speed. Your car’s bumper needs to be repaired and you get checked out at the hospital for whiplash, so your expenses are relatively low. However, with uninsured motorist coverage, you would still be able to have them covered. You would likely have to pay the deductible for your property damage unless certain exclusions apply.

Now, imagine a case where a driver T-bones you while driving 50 miles per hour through a red light at an intersection. Your car is totaled and your injuries are severe, requiring you to spend months out of work and go through extensive surgeries and physical rehabilitation. The costs associated with your accident would be astronomical. If you carried the minimum amount of insurance required by Tennessee law, your policy would likely max out fairly quickly and you’d be left on the hook for the rest of your expenses. If you chose to carry more liability insurance, your uninsured motorist coverage would match that, and you may have the rest of your expenses covered by your policy.

What if the other driver fled the scene?

This is a common question we hear as Tennessee car accident lawyers—what happens if you’re the victim of a hit-and-run? If the police are unable to identify and catch the driver responsible, your uninsured motorist insurance would pay for your losses up to policy limits.

If the police eventually catch the at-fault driver, their insurance status would then be known. If they did not have car insurance, your uninsured motorist coverage would remain in effect. But if they did have their own car insurance, your insurance company would pursue compensation on your behalf. You could also seek compensation with the help of a personal injury lawyer. Your insurance company would then be compensated for what they paid out to you via a process called subrogation.

Options for injured motorists without uninsured motorist coverage

Unfortunately, your options are quite limited without uninsured motorist coverage. You may get your medical costs covered by your health insurance, depending on the exclusions of your policy. If you have collision coverage—typically required for financed cars—your insurance would pay for it, but you should expect your premiums to go up quite a bit as a result.

You can also consider suing the other driver directly. However, remember that most car accident claims are paid out by the driver’s insurance, not by them directly. If someone skips out on car insurance because they cannot afford it, the chances of being able to recover any compensation from them via a personal injury claim are slim.

Discuss your legal options with Wagner Workers’ Compensation & Personal Injury Lawyers

If you’re ready to look into your next steps after a car crash, it’s time to talk to our personal injury team. We’ll look at the circumstances of your accident and help you figure out how to pursue the compensation you deserve. Call us or contact us online now.