Car Accident with Uninsured or Underinsured Driver

uninsured or underinsured driver

You have had a car accident and you are hurt. That is bad enough. But then you find out the at-fault driver does not have any insurance or does not have enough insurance to cover your losses. Now, what do you do?  There are a couple of options.

First, you can still sue the at-fault driver. However, this is usually only advisable if you have reason to believe the at-fault driver has income or assets sufficient to cover your losses. Otherwise, you will simply have a judgment against someone who does not have the wherewithal to pay it. Generally, a person fails to secure car insurance because they have nothing to lose. In other words, they do not have sufficient assets to protect so they figure why go to the expense of purchasing car insurance. However, we frequently see individuals with moderate and sometimes even substantial assets who purchase too little car insurance. For instance, despite owning their own home and having a six-figure income, the at-fault driver only has $150,000.00 in insurance coverage. Under such circumstances, if your losses exceed the amount of the at-fault driver’s insurance coverage, you may need to sue them to recover the remainder of your losses.

The second option is to seek recovery from your own uninsured/underinsured motorist coverage. In Tennessee, roughly 24% of the drivers do not have any insurance coverage whatsoever. So if you are involved in an accident with a driver who has zero insurance and little to no assets, you will be responsible for paying your own medical bills and for bearing the costs of your other damages including lost wages, pain and suffering, scarring, etc. But, if you have uninsured or underinsured motorist coverage, then you can make a claim against your own uninsured/underinsured auto policy for these losses.

In addition to these two options, there may be another party at fault who could be financially responsible for the accident.  For example, if the at-fault driver did not have insurance on his personal car but was using his car to make a delivery for his employer, then his employer could be responsible for the accident.  Or, if the at-fault driver had been drinking at a bar before the accident and was over-served, then the bar may be financially responsible. 

The bottom line is this: if you have been in a car accident and the other driver does not have insurance or does not have enough insurance, we strongly recommend you contact one of our award-winning lawyers who can review the accident to determine the party or parties at fault and, just as importantly, can review your car insurance policy to determine if you have uninsured/underinsured coverage and the steps you should take to protect your rights under that policy. Most uninsured/underinsured car insurance policies require prompt notice of a claim so do not delay.

We will gladly review your case during a no-cost, no-obligation consultation. And we handle all uninsured/underinsured motorist cases on a contingency basis, so it costs you nothing out-of-pocket to pursue your legal rights. Call us anytime to get started:

Nashville: 615-669-3993

Murfreesboro: 615-867-9900

Brentwood: 615-742-4880

Toll-Free: 866-812-8787

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Everything was great. You guys are a great representative. I was satisfied with everything. Truly appreciate John Day and his hard-working staff. Jamar Gibson
We thought that you did an excellent job in representing us in our lawsuit. We would recommend you to anyone. Mitch Deese
The Law Offices of John Day, P.C. is, without a doubt, the best in Nashville! They treated me with the utmost respect and tended to my every need. No question went unanswered. I was always kept informed of every step in the process. I received phenomenal results; I couldn't ask for more. I would definitely hire The Law Offices of John Day, P.C. again. Anthony Santiago
I would definitely recommend to anyone to hire John Day's law firm because everyone was helpful, made everything clear and got the job done. I am satisfied with how my case was handled. June Keomahavong
It's been a long battle but this firm has been very efficient and has done a remarkable job for me! I highly recommend them to anyone needing legal assistance. Everyone has always been very kind and kept me informed of all actions promptly. Linda Bush
I had a great experience with the Law Offices of John Day. The staff was very accommodating, and my phone calls/emails were always responded to in a timely manner. They made the entire process very easy and stress-free for me, and I had confidence that my case was in good hands. I am very happy with the results, and I highly recommend! Casey Hutchinson