Sustaining an injury in an auto accident is stressful enough without worrying about how you will pay your medical bills. The situation can become more complicated when you find out the at-fault driver lacks insurance or adequate coverage to pay for your injuries. Fortunately, Tennessee law offers several ways for you to pursue compensation.
What is UM and UIM coverage?
Tennessee generally requires insurance companies to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on every policy. Unless you rejected this coverage in writing, it is likely part of your policy.
UM coverage applies if the at-fault driver has no auto insurance at all, or if you are the victim of a hit-and-run accident where you cannot identify the driver. When the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages, this is where your UIM coverage takes effect. Your own policy fills the gap of your medical bills, lost wages and pain and suffering up to its limits.
Your other options for compensation
If the responsible driver cannot pay for your damages and you opted out of UM and UIM coverage, you can explore the following options:
- MedPay coverage: Covers immediate medical expenses regardless of fault
- Health insurance: Settles hospital and doctor bills to prevent you from going into debt
- Personal assets: Recovers damages by seeking a judgment against the at-fault driver’s private wealth
While these paths diverge from the usual route of personal injury claims, they still offer you a chance to pursue compensation. Assuming that you have no options can hurt your ability to recover anything, especially when that is not the reality of your case.
Possible legal solutions
It is a common misconception for car crash victims to give up on their claims because they mistakenly believe that the at-fault driver is unable to pay. However, an investigation can uncover that the other party is hiding other insurance policies to avoid paying for your expenses.
A skilled attorney can also negotiate with medical providers to reduce your liens so you keep more of your settlement. Lastly, Tennessee’s “made whole” rule may protect you from having to pay your insurance company back until you have been fully paid for your losses. Partnering with a lawyer can help you explore every available path to secure the compensation you deserve.
Protecting your recovery
The path to compensation after a car accident is not always straightforward, especially when the at-fault driver is uninsured or underinsured. However, you have multiple legal options that are worth looking into so you do not walk away from this ordeal empty handed.