An uninsured driver does not necessarily mean there is no way to recover compensation.
Depending on the circumstances and your insurance coverage, you may be able to make a claim through uninsured motorist coverage or identify another source of compensation. The options available will depend on the insurance policies involved and the facts surrounding the accident.
Quick Answer: What If the At-Fault Driver Has No Insurance?
If an uninsured driver causes a motorcycle accident in Tennessee, you may still be able to recover compensation through uninsured motorist coverage available under an applicable insurance policy. This coverage may help pay for losses when the person responsible for the accident has no liability insurance.
If the at-fault driver has insurance but not enough coverage to compensate you fully for a serious injury, underinsured motorist coverage may also become important.
Because insurance policies, coverage limits, exclusions, and claim requirements can vary, it is important to review the specific policies that may apply to your accident.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, commonly referred to as UM coverage, is insurance designed to provide protection when someone is injured by a driver who does not have applicable liability insurance.
Instead of relying solely on the uninsured driver’s ability to personally pay your losses, an injured motorcyclist may be able to pursue benefits under an applicable UM policy.
This can be particularly important after a serious motorcycle accident. Riders have relatively little physical protection compared with occupants of passenger vehicles, and injuries can result in substantial medical expenses, lost income, rehabilitation, and long-term care.
The amount potentially available will depend on the terms and limits of the applicable insurance coverage.
What Is Underinsured Motorist Coverage?
An at-fault driver does not have to be completely uninsured for an insurance coverage problem to arise.
Sometimes the driver has liability insurance, but the policy limits are not enough to cover the losses caused by the crash. This is where underinsured motorist coverage may become relevant.
For example, suppose a motorcyclist suffers a serious injury requiring surgery, extensive rehabilitation, and months away from work. If the responsible driver’s available liability coverage is insufficient compared with the rider’s damages, applicable underinsured motorist coverage may provide an additional potential source of recovery.
Whether coverage is available and how much can be recovered depends on the policies and circumstances involved.
Does Tennessee Require Uninsured Motorist Coverage?
Tennessee law addresses uninsured motorist coverage as part of automobile liability insurance policies issued in the state. Insurers generally must offer UM coverage, although Tennessee law permits an insured to reject that coverage in writing.
Because coverage can be rejected or structured differently depending on the policy, you should not assume you have or do not have UM coverage without reviewing your insurance documents.
Your policy’s declarations page can provide important information about the types and limits of coverage you purchased, but determining how coverage applies to a particular motorcycle accident may require reviewing the full policy.
Does Motorcycle Insurance Include Uninsured Motorist Coverage?
It can.
Motorcycle policies may include uninsured and underinsured motorist protection depending on the coverage purchased and the terms of the policy.
After an accident involving an uninsured driver, obtain a complete copy of your motorcycle insurance policy rather than relying only on an insurance card.
Important information to review may include:
- Uninsured motorist coverage
- Underinsured motorist coverage
- Coverage limits
- Deductibles, if applicable
- Notice requirements
- Policy exclusions
- Definitions of an uninsured or underinsured vehicle
Other insurance policies may also need to be reviewed depending on the circumstances.
What Damages Can an Uninsured Motorist Claim Cover?
The compensation potentially available depends on the applicable insurance coverage and the losses caused by the motorcycle accident.
A serious motorcycle accident claim may involve damages such as:
- Medical Expenses: Emergency treatment, hospitalization, surgery, medication, diagnostic testing, and other necessary medical care.
- Future Medical Treatment: Rehabilitation, physical therapy, additional procedures, assistive equipment, and other anticipated care.
- Lost Income: Wages or other earnings lost while recovering from accident-related injuries.
- Reduced Earning Capacity: Losses that may result when a permanent injury limits the rider’s ability to work or earn income in the future.
- Pain and Suffering: The physical and personal effects of serious accident-related injuries.
- Permanent Disability or Disfigurement: Long-term consequences of catastrophic injuries, paralysis, amputations, scarring, or other permanent conditions.
Coverage for damage to the motorcycle or other property may involve different policy provisions, so the applicable insurance contract should be reviewed carefully.
What If the Uninsured Driver Cannot Afford to Pay My Damages?
It may be legally possible to pursue a claim against the person responsible for an accident, but obtaining a judgment and actually collecting money are two different issues.
An uninsured driver may not have sufficient personal assets to pay the substantial damages associated with a catastrophic motorcycle injury.
That is one reason identifying all applicable insurance coverage is so important.
An investigation may also reveal that another person, company, or insurance policy has potential responsibility for the accident. The possibilities depend entirely on how the crash occurred.
What If I Am Injured in a Hit-and-Run Motorcycle Accident?
A hit-and-run can create many of the same concerns as an accident involving a known uninsured driver because the injured motorcyclist may not initially know who caused the crash or what insurance coverage that person has.
If another driver leaves the scene, call law enforcement and report the accident as soon as possible.
If your injuries allow, document the scene and write down everything you remember about the fleeing vehicle, including:
- Make and model
- Color
- License plate or partial plate number
- Damage to the vehicle
- Direction of travel
- Description of the driver
Witness statements, nearby surveillance cameras, dashcams, traffic cameras when available, and other evidence may help identify the vehicle.
Applicable uninsured motorist coverage may also become relevant in some hit-and-run situations. The specific requirements of the policy and Tennessee law should be evaluated carefully.
What If the Insurance Company Disputes My Uninsured Motorist Claim?
Having UM coverage does not necessarily mean every issue will be automatically resolved.
Questions can arise about:
- Who caused the accident
- Whether the other vehicle qualifies as uninsured
- The extent of your injuries
- Whether particular medical treatment was accident-related
- The amount of your lost income
- The value of your pain and suffering
- The applicable coverage limits
- Whether you complied with policy requirements
Your own insurance company may therefore still investigate the accident and evaluate the amount it believes should be paid under the policy.
For that reason, documentation remains important even when you are pursuing benefits through your own coverage.
What If I Was Partly at Fault for the Motorcycle Accident?
An uninsured driver does not eliminate questions about who caused the crash.
Tennessee’s comparative fault rules may still affect the amount an injured motorcyclist can recover if evidence shows that the rider also contributed to the collision.
For example, an insurer might argue that the other driver caused the accident but that the rider’s speed or another action contributed to the severity or occurrence of the crash.
If fault is disputed, learn more about how being partly at fault can affect a Tennessee motorcycle accident claim.
What Should You Do After an Accident With an Uninsured Driver?
Many of the same steps that are important after any serious motorcycle accident become especially important when insurance coverage is uncertain.
You should:
- Call 911 and report the crash.
- Seek appropriate medical attention.
- Photograph the vehicles and accident scene if you can do so safely.
- Obtain the other driver’s information.
- Collect contact information from witnesses.
- Keep copies of medical bills and accident-related expenses.
- Report the accident to your insurance company.
- Request and review the applicable insurance policies.
- Avoid accepting an early settlement before understanding your injuries and available coverage.
For a more detailed checklist, read our guide explaining what to do after a motorcycle accident in Nashville.
How Long Do You Have to Pursue a Motorcycle Accident Claim in Tennessee?
Insurance coverage issues can take time to investigate, but you should not allow those discussions to distract from applicable legal deadlines.
Tennessee has a relatively short statute of limitations for many personal injury lawsuits. In many motorcycle accident cases, an injured person generally has one year from the date the claim accrued to file a lawsuit.
Do not assume that discussions with an insurance company automatically extend the applicable legal deadline.
Learn more about Tennessee’s motorcycle accident filing deadline.
When Should You Contact an Attorney About an Uninsured Driver Accident?
Consider speaking with an attorney promptly when an uninsured or underinsured driver causes a motorcycle accident involving serious injuries.
Determining available coverage may involve more than checking whether the other driver has an insurance card. An attorney can investigate the crash, review applicable policies, evaluate potential UM/UIM coverage, identify other potentially responsible parties, document your damages, and communicate with the insurers involved.
If your crash occurred in Nashville or Middle Tennessee, a Nashville motorcycle accident attorney at Matt Hardin Law can review the circumstances and help you understand your options.
Frequently Asked Questions About Uninsured Drivers and Tennessee Motorcycle Accidents
Can I recover compensation if the driver who hit my motorcycle has no insurance?
Possibly. If an uninsured driver causes your motorcycle accident, applicable uninsured motorist coverage may provide a source of compensation. The coverage available depends on the insurance policies and circumstances involved.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage can apply when an at-fault driver does not have applicable liability insurance. Underinsured motorist coverage may become relevant when the responsible driver has insurance, but the available coverage is insufficient compared with the losses caused by the accident.
Does Tennessee require insurance companies to offer uninsured motorist coverage?
Tennessee law generally requires automobile liability insurance policies issued in the state to include or offer uninsured motorist protection, subject to the state’s statutory requirements. An insured may reject uninsured motorist coverage in writing, so you should review your specific policy to determine what coverage you have.
Can uninsured motorist coverage apply to a hit-and-run motorcycle accident?
Potentially. Uninsured motorist coverage may apply in certain hit-and-run situations, but specific legal and policy requirements can affect coverage. Report a hit-and-run promptly and preserve as much information about the accident and fleeing vehicle as possible.
Can my own insurance company dispute an uninsured motorist claim?
Yes. An insurer may investigate fault, injuries, damages, available coverage, and whether policy requirements have been satisfied before paying an uninsured motorist claim. Having UM coverage does not necessarily mean the amount of compensation will be undisputed.
Hit by an Uninsured Driver in Nashville? Contact Matt Hardin Law
Discovering that the person who caused your motorcycle accident does not have insurance can be frustrating, but it does not necessarily mean you have no options for financial recovery.
Uninsured and underinsured motorist coverage, as well as other potential sources of compensation, should be carefully evaluated after a serious crash.
If you were injured by an uninsured or underinsured driver while riding a motorcycle in Nashville or Middle Tennessee, Matt Hardin Law can review the accident, investigate available insurance coverage, and help you understand your options under Tennessee law.
Schedule a complimentary consultation with Matt Hardin Law or call 1 (800) 777-MATT.