What to Do After a Hit and Run Accident in Tennessee

A driver slams into your car and takes off. You’re injured, shaken, and left standing on the side of the road with no license plate number and no idea who did this. It feels like you have no options.
You do. Tennessee law provides several paths to compensation after a hit and run, even when the other driver is never found. Knowing your options early makes the difference between recovering damages and absorbing the full cost yourself.
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Hit and Run Laws in Tennessee
Tennessee takes hit-and-run seriously. Under TCA § 55-10-101, any driver involved in an accident causing injury or death must immediately stop at the scene.
Drivers must provide their name, address, vehicle registration, and insurance information, and render reasonable assistance to anyone who is injured.
Drivers who flee face criminal consequences:
- Accidents causing injury: Class A misdemeanor, carrying up to one year in jail and fines up to $2,500
- Accidents causing death: Class E felony when the driver knew or should have known death resulted, carrying one to six years in prison
- Property damage only: Class C misdemeanor with potential license suspension
Criminal penalties punish the fleeing driver, but they don’t compensate you for your injuries. That’s where your civil options come in.
Your Insurance Options After a Hit and Run in Tennessee
When the at-fault driver disappears, your own insurance policy becomes your primary source of recovery.
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Uninsured Motorist Coverage
This is the most important coverage you have after a hit and run.
Under TCA § 56-7-1201, every auto insurance policy sold in Tennessee must include uninsured motorist (UM) coverage unless you specifically rejected it in writing.
UM coverage treats a hit-and-run driver the same as an uninsured driver.
It covers:
- Medical bills and ongoing treatment costs
- Lost wages while you recover
- Pain and suffering
- Other damages up to your policy limits
If you never signed a written rejection, your policy includes UM coverage at the same limits as your liability coverage. Check your policy immediately after a hit and run.
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Medical Payments Coverage (Med-Pay)
Med-pay covers your medical expenses regardless of who caused the accident. It pays quickly and doesn’t require you to prove fault.
If you carry med-pay, file a claim right away to cover immediate treatment costs while you pursue other options.
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Collision Coverage
Collision coverage pays for damage to your vehicle even when the other driver can’t be identified. You’ll pay your deductible, but the repair costs are covered.
What If the Hit and Run Driver Is Found?
Police do find hit-and-run drivers. Surveillance cameras, witness descriptions, vehicle debris, and paint transfer evidence lead to identifications more often than you’d expect.
If the driver is identified, you can:
- File a claim against their liability insurance. If they carry coverage, their insurer pays for your damages.
- File a personal injury lawsuit. If their insurance is insufficient or they’re uninsured, you can sue them directly for the full amount of your damages.
- Use both insurance and civil claims. Your UM coverage can supplement what the at-fault driver’s insurance doesn’t cover through underinsured motorist provisions.
Steps to Take Immediately After a Hit and Run
What you do in the first hours matters. Follow these steps:
- Call 911 immediately. A police report is essential. Officers may be able to locate the driver quickly based on vehicle descriptions and nearby cameras.
- Document everything you remember. Write down the vehicle’s color, make, model, partial plate numbers, direction of travel, and any distinguishing features. Do this before the details fade.
- Look for witnesses. Get contact information from anyone who saw the accident. Witnesses may have details you missed.
- Take photos. Photograph your vehicle damage, the accident scene, skid marks, debris, and your injuries.
- Get medical attention. Even if you feel fine, some injuries don’t show symptoms immediately. Medical records created close to the accident strengthen your claim.
- Notify your insurance company. Report the hit and run to your insurer promptly. Delays can complicate your UM claim.
- Check for cameras. Nearby businesses, traffic cameras, and doorbell cameras may have captured the accident. Ask before the footage gets overwritten.
Tennessee’s Statute of Limitations After a Hit and Run
Tennessee gives you a limited window to take legal action. Under TCA § 28-3-104, the statute of limitations for personal injury claims is one year from the date of the accident.
Miss that deadline and you lose the right to file a lawsuit, period.
This applies whether you’re suing an identified hit-and-run driver or filing an underinsured motorist claim that requires arbitration.
One year sounds like plenty of time. It isn’t. Investigations take time, medical treatment is ongoing, and insurance negotiations move slowly. Starting the process early protects your options.
How Comparative Fault Applies to Hit and Run Cases
Tennessee follows a modified comparative fault system under TCA § 29-11-103. If you were partially at fault for the accident, your compensation is reduced by your percentage of fault.
There’s a hard cutoff: if you’re found more than 50% at fault, you recover nothing.
In hit-and-run cases, the at-fault driver’s absence can actually complicate fault arguments.
Insurance companies sometimes try to assign blame to you when the other driver isn’t available to tell their side. Strong evidence from the scene protects against this.
When Insurance Companies Fight Your Hit and Run Claim
Don’t assume your own insurance company is on your side. UM claims are adversarial.
Your insurer has financial incentives to minimize what they pay, and hit-and-run cases give them room to argue:
- The accident didn’t happen the way you described
- Your injuries aren’t as serious as claimed
- You were partially at fault
- Your treatment was excessive or unrelated to the accident
Having an attorney handle UM negotiations levels the playing field. Insurance adjusters know which claims have legal representation and which don’t.
Your Options After a Hit and Run in Tennessee
A hit and run doesn’t leave you without recourse. Between uninsured motorist coverage, potential identification of the fleeing driver, and civil claims, Tennessee law provides real paths to compensation.
The key is acting quickly, preserving evidence, and understanding what your insurance policy actually covers.
The Higgins Firm handles hit-and-run accident cases across Tennessee. If you’ve been injured by a driver who fled the scene, we can evaluate your coverage, deal with insurance companies, and pursue every available option for recovery.
Contact The Higgins Firm for a consultation.
