Car accidents are stressful enough, but when the at-fault driver has no insurance, the situation can become even more complicated. In Tennessee, a state that operates under an “at-fault” system for auto accidents, determining who is financially responsible is crucial. So, if you’re in an accident caused by an uninsured driver, the question arises: can you sue for damages?

What Is Tennessee’s At-Fault System?

Tennessee follows an at-fault, or “tort,” system when it comes to car accidents. This means that the person responsible for the accident (the at-fault driver) is also responsible for paying for any resulting damages, including medical bills, vehicle repairs, and other related expenses. Typically, the at-fault driver’s insurance would cover these costs, but when the other driver doesn’t have insurance, things become more complex. You may need to contact a Nashville car accident lawyer for legal assistance on your case. 

Suing an Uninsured Driver: Is It Worth It?

Yes, you can sue an uninsured driver in Tennessee for damages, but whether it’s worth it depends on several factors. Filing a lawsuit is a viable option if the other driver’s negligence caused the accident, and you incurred damages. These damages can include medical expenses, property damage, lost wages, and even pain and suffering.

However, just because you can sue doesn’t always mean you’ll be able to recover the money you’re owed. Many uninsured drivers are uninsured for a reason — they often don’t have the financial resources to pay for insurance, let alone cover damages from an accident. Even if you win the lawsuit, collecting the money can be difficult if the uninsured driver has little or no assets to their name.

In some cases, the court may allow you to garnish the uninsured driver’s wages or seize assets, but this is a slow process and not guaranteed to provide full compensation.

Understanding Uninsured Motorist Coverage

One of the most effective ways to protect yourself in this scenario is through uninsured motorist coverage. In Tennessee, auto insurers are required to offer uninsured motorist coverage as part of every policy. This coverage steps in to pay for your damages when the at-fault driver doesn’t have insurance.

If you carry uninsured motorist coverage, you can make a claim through your own insurance company after an accident with an uninsured driver. Your insurance company will then compensate you for damages, including medical costs and car repairs, up to the limits of your policy. Uninsured motorist coverage is an essential safety net in states like Tennessee, where many drivers operate without insurance.

Filing a Lawsuit for Additional Damages

Even if you have uninsured motorist coverage, it may not cover all your damages. For instance, your medical bills or lost wages might exceed your policy limits. In such cases, you may still consider suing the uninsured driver for the remaining amount. However, keep in mind the same challenges about collecting damages from someone with limited financial resources.

What to Do After an Accident with an Uninsured Driver

If you’re involved in a car accident with an uninsured driver, follow these steps to protect your rights:

  1. Call the police: Always file a police report, even if the accident seems minor. The report will be crucial for both your insurance claim and any potential lawsuit.
  2. Gather evidence: Take photos of the accident scene, your vehicle, and any visible injuries. Get contact information from witnesses, if possible.
  3. Notify your insurance company: Report the accident to your insurance provider as soon as possible. If you have uninsured motorist coverage, your insurer will guide you through the claims process.
  4. Seek legal advice: Consult with a personal injury attorney who can help you evaluate whether suing the uninsured driver is a viable option in your specific case.

While you can sue an uninsured driver for damages in Tennessee, the process can be challenging, particularly when the at-fault driver lacks the financial resources to pay. Before filing a lawsuit, weigh the potential costs and benefits, and consult a car accident attorney who can guide you through your options.

Having uninsured motorist coverage in Tennessee provides a critical layer of protection. It allows you to receive compensation from your own insurer, reducing the stress of pursuing an uninsured driver in court. In the end, ensuring you have the right insurance coverage is the best way to safeguard yourself against the risks posed by uninsured drivers on the road.