Uninsured and Underinsured Motorist Claims Explained
In the state of Tennessee, the at-fault driver is held financially responsible for the other driver’s damages. Uninsured/underinsured motorist (UM/UIM) coverage protects drivers in the event they are struck by an uninsured or underinsured driver. Even though Tennessee law does not require drivers to carry this coverage, motorists who do not want to purchase it must reject it in writing. Needless to say, driving without adequate insurance places at-fault motorists at risk of being sued if they are unable to cover accident-related costs.
At Bednarz & Bednarz, our car accident lawyers have helped numerous individuals in Tennessee who have experienced injuries and property damage following a crash. If you or a family member has recently been involved in a collision with an uninsured or underinsured driver, our team of professionals is available to assist you.
What is UM/UIM Coverage?
Uninsured/underinsured motorist (UM/UIM) coverage enables drivers to rely on their own insurance to pay accident-related costs. This coverage applies when another driver is at fault but lacks insurance, or their policy limits are insufficient. UM/UIM covers medical expenses, lost wages, car repairs, and pain and suffering for you and your passengers.
For individuals who choose to purchase UM/UIM insurance, your coverage will match your liability limits. For individuals who have minimum liability coverage, UM/UIM coverage limits will be:
- $25,000 of bodily injury coverage per person;
- $50,000 of bodily injury coverage per accident; and
- $25,000 or property damage coverage.
UM/UIM includes both bodily injury and property damage coverage, but state law enforces a $200 deductible for property damage claims. The deductible is waived if you have the same insurer for both collision and UM property damage, and the other driver is deemed at fault for the accident.
When Will My UM/UIM Coverage Apply?
You can file a UM/UIM claim in any of the following situations:
- If the at-fault driver does not have liability insurance;
- If your damages exceed the at-fault driver’s liability limits;
- If the other driver’s UM/UIM limits are lower than the UM/UIM limits on your policy;
- If you are involved in a hit-and-run, and the police are unable to locate the other driver, and;
- If the at-fault driver’s insurance company denies liability.
What if My UM/UIM Limits Do Not Cover All of My Expenses?
Some states allow drivers to “stack” UM/UIM coverage from other insured vehicles to increase accident coverage. However, T.C.A. §56-7-1201(b)(2) prohibits this, stating that only the UM/UIM limits of the accident vehicle apply. If your UM/UIM coverage falls short, you must look for alternatives. If you are uncertain about what to do next, consult a car accident attorney for guidance.
Reach Out to a Tennessee Car Accident Attorney Today
If you have fallen victim to a crash, the most important step you can take to protect yourself legally and financially is contacting a car accident lawyer. At Bednarz & Bednarz, our legal professionals are dedicated to pursuing every possible path to fight for the compensation that is rightfully yours.’ We understand the stresses that come with a motor vehicle accident, but we believe you should not have to financially struggle because of another person’s negligence. To schedule a free consultation with one of our Tennessee car accident lawyers, contact us online or by phone at (615) 623-8789.
