How to File an Uninsured Motorist Claim in Tennessee

Getting hit by an uninsured driver in Tennessee happens more often than you think. When that uninsured driver causes a crash that leaves you injured, you’re facing medical bills, lost wages, and vehicle damage with no way to make them pay.

That’s where your uninsured motorist coverage comes in, but only if you know how to file the claim correctly.

What Is Uninsured Motorist Coverage in Tennessee?

Tennessee law requires insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage with every auto policy.

Under Tennessee Code § 56-7-1201, insurers must offer UM coverage equal to your liability limits unless you reject it in writing.

Uninsured motorist claims apply when:

• The at-fault driver has no insurance at all
• The at-fault driver flees the scene in a hit-and-run
• The driver’s identity cannot be confirmed

Underinsured motorist coverage kicks in when the other driver has insurance, but their policy limits are too low to cover your full damages.

How to File Your Uninsured Motorist Claim in Tennessee

Filing an uninsured motorist claim in Tennessee requires specific steps. Missing any of these can damage or destroy your case.

1. Call the police immediately

A police report establishes an official record of the accident. This is absolutely critical for your uninsured motorist claim in Tennessee.

Without it, your insurance company will question whether the crash even happened.

The report documents:

• Date, time, and location
• Driver information (or lack of it in hit-and-runs)
• Witness statements
• Officer’s fault assessment
• Whether the other driver provided proof of insurance

Tennessee law (TCA § 55-12-102) requires all drivers to maintain proof of financial responsibility. The police report notes if the other driver failed to provide this.

2. Get medical treatment right away

See a doctor immediately after the crash. Insurance companies use any delay as evidence that you weren’t really injured.

Medical records from your first visit create a direct link between the accident and your injuries.

This documentation becomes the foundation of your uninsured motorist claim in Tennessee.

3. Notify your insurance company promptly

Contact your insurance company as soon as possible to report the accident and start your UM claim. Many policies require notice within 30 days.

Provide:

• Police report number
• Date and location of the crash
• Description of how it happened
• Information showing the other driver is uninsured

Your insurer assigns a claims adjuster to investigate.

Remember: even though this is your own insurance company, their goal is to minimize payouts.

4. Gather and preserve evidence

Strong evidence makes or breaks uninsured motorist claims. Collect:

• Police report – Request a copy from the responding agency
• Photos of vehicle damage – Document all damage from multiple angles
• Photos of injuries – Capture visible injuries like cuts, bruises, swelling
• Medical records and bills – Keep every document related to treatment
• Lost wage documentation – Pay stubs, employer letters, tax returns
• Witness contact information – Names and phone numbers of anyone who saw the crash
• Proof the other driver is uninsured – Under Tennessee law, if the other driver doesn’t file required forms with the Department of Safety within 90 days, there’s a legal presumption they were uninsured

5. Submit your claim with supporting documentation

Once you’ve gathered evidence, submit a formal claim to your insurance company. Include all documentation showing:

• The accident occurred
• The other driver was at fault and uninsured
• The extent of your injuries and losses

Your insurance company evaluates your claim and makes an offer.

In many cases, their first offer is significantly lower than what your claim is actually worth.

Hit-and-Run Claims Require Physical Contact

Tennessee Code § 56-7-1201 states you have no right to recover under your UM policy unless actual physical contact occurred between your vehicle and the hit-and-run driver’s vehicle.

Key requirements for hit-and-run uninsured motorist claims:

• Physical contact is mandatory – If another driver causes you to swerve and crash but never actually hits your car, your UM coverage won’t apply. You’ll need collision coverage instead.
• Report within 24-48 hours – You must report hit-and-run accidents to the police within this timeframe. Failure to do so gives your insurance company grounds to deny your uninsured motorist claim in Tennessee.

Mistakes That Destroy Tennessee Uninsured Motorist Claims

Insurance companies look for any reason to deny or reduce uninsured motorist claims.

Avoid these errors:

• Giving a recorded statement without legal advice – Your own insurance company may request a recorded statement. Anything you say can undervalue or deny your claim. Consult an attorney first.
• Accepting the first settlement offer – Insurance adjusters routinely lowball initial offers. Don’t agree to any settlement until you understand the full extent of your injuries and losses.
• Signing medical releases too quickly – Adjusters request access to your entire medical history. They’ll search for pre-existing conditions to argue your injuries weren’t caused by the crash.
• Missing deadlines – Tennessee’s statute of limitations for personal injury claims is one year from the accident date. If you don’t file a lawsuit within that time, you lose your right to pursue compensation.
• Posting on social media – Insurance companies monitor social media for posts contradicting your injury claims. A photo of you smiling at a family event can be twisted to suggest you’re not really hurt.

When Your UM Coverage Falls Short

Your uninsured motorist coverage is capped at your policy limits.

If your damages exceed those limits, you face a compensation gap.

For example:

• Medical bills total $150,000
• UM coverage limit is $50,000
• The at-fault driver has no insurance and no assets

You recover $50,000 from your UM policy, but you’re still $100,000 short.

In these situations, options include:

• Filing a personal injury lawsuit against the uninsured driver (though collecting may be impossible)
• Seeking compensation from other potentially liable parties
• Pursuing compensation through other insurance coverages

This is why carrying higher UM/UIM limits is one of the smartest financial decisions Tennessee drivers can make.

The premium difference between minimum coverage and much higher limits is often surprisingly small.

Your Own Insurance Company Will Fight You

When you file an uninsured motorist claim, you’re asking your own insurance company to pay. They’re not reimbursing you from someone else’s policy.

That changes everything.

Your insurance company investigates your claim with the same skepticism they’d use on a third-party claim. They look for ways to reduce your damages or deny your claim entirely.

Common tactics:

• Claiming your injuries were pre-existing
• Arguing you’re exaggerating your pain and limitations
• Disputing whether the other driver was really at fault
• Questioning whether the crash actually happened the way you described

Tennessee Code § 56-7-1201 prohibits insurers from raising your rates or canceling your UM coverage solely because you filed a claim.

But that doesn’t stop them from fighting the claim itself.

Need Legal Help for Your Uninsured Motorist Claim in Tennessee?

Most people try handling uninsured motorist claims on their own. That’s often a mistake.

At The Higgins Firm, we’ve helped many Tennessee families recover compensation through uninsured motorist claims. We know the tactics insurance companies use to minimize payouts, and we know how to counter them.

Call us today to discuss your uninsured motorist claim in Tennessee.

Don’t let your own insurance company shortchange you after an uninsured driver caused your injuries.