UNINSURED & UNDERINSURED DRIVERS
Uninsured and underinsured motorist claims in Tennessee.
A serious wreck does not become less serious because the at-fault driver has too little insurance. Your own automobile policy may contain coverage that matters.
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What is uninsured motorist coverage?
Tennessee law generally requires automobile liability policies delivered, issued for delivery or renewed in Tennessee to include uninsured motorist coverage for insured people who are legally entitled to recover compensatory damages from owners or operators of uninsured vehicles. The named insured may reject that coverage or select lower limits as permitted by Tennessee law.
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What does underinsured mean?
A driver may have liability insurance but not enough to cover the losses caused by a serious collision. Tennessee’s uninsured-motorist statutes also address situations in which the available liability limits are lower than the applicable uninsured motorist coverage. Whether additional benefits are available depends on the policies and circumstances involved.
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Why should you check your own policy?
People sometimes assume there is no meaningful claim once they learn that the other driver is uninsured or carries low limits. That can be wrong. Your own policy, and in some circumstances another applicable automobile policy, may contain uninsured or underinsured motorist coverage. Coverage questions can be technical, so the actual declarations page and policy language matter.
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What if you were a passenger?
Potential coverage is not necessarily limited to the policy on a vehicle you own. Tennessee law contains rules governing uninsured motorist coverage in different situations, including injuries while occupying a vehicle owned by someone else. Which coverage applies and in what order depends on the facts and policies.
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What if the other driver cannot be identified?
Tennessee law includes procedures for certain claims involving unknown motorists. These cases have additional statutory and evidentiary requirements, so preserving information about the crash and obtaining advice promptly can be especially important.
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Should you settle with the at-fault driver’s insurer first?
Do not assume that accepting liability limits or signing a release has no effect on other potential coverage. Before finalizing a settlement where uninsured or underinsured motorist benefits may be involved, the relevant policies and statutory procedures should be reviewed.
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What should you save?
Keep the crash report, photographs, insurance cards and declarations pages, correspondence from insurers, medical-provider information and any settlement offer. If you do not have a full copy of your policy, you can request it from the insurer or agent.
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How does this fit into a car-accident claim?
Uninsured or underinsured coverage is one part of the broader investigation of a wreck claim. Fault, injuries, damages, available liability insurance and all potentially applicable policies should be considered together.
See our Knoxville car accident lawyer page and our guide on what to do after a car wreck in Knoxville for related information.
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The other driver may not have enough insurance.
That does not necessarily answer whether coverage is available. Start with a free initial phone consultation and let us review the basic facts.