Reviewed by Larry Peters, Attorney licensed in Tennessee, Mississippi, Arkansas, Texas, Kentucky, and Georgia · Last reviewed: June 2026.
4.8/5 · 96 Google reviews
You did everything right — you carry insurance and drive carefully — and then a driver with no coverage, too little coverage, or who flees the scene leaves you injured in Germantown. In Tennessee, that is not a rare problem: more than one in five drivers is uninsured, one of the highest rates in the country. When the at-fault driver cannot pay, your own uninsured/underinsured motorist (UM/UIM) coverage becomes the key to getting compensated. Southern Injury Attorneys help injured Germantown drivers force their own insurer to honor that coverage, with no fee unless we win.
Sources: Insurance Research Council, 2023; Tenn. Code Ann. § 56-7-1201 et seq.; § 28-3-104.
What uninsured and underinsured motorist coverage is
Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance or cannot be identified, such as in a hit-and-run. Underinsured motorist (UIM) coverage fills the gap when the at-fault driver has some insurance but not enough to cover your losses — for example, a driver carrying the 25,000-dollar state minimum who causes 150,000 dollars in harm. In both cases, you are making a claim under your own auto policy, and the coverage follows you: it can apply whether you were driving, a passenger, or even a pedestrian struck by an uninsured driver.
Tennessee’s uninsured motorist coverage law
Tennessee does not force every driver to buy UM/UIM coverage, but it does require insurers to offer it. Under Tennessee law, UM/UIM coverage is automatically included in your policy at limits equal to your liability coverage unless you reject it in writing. That means many drivers have this protection without realizing it. Reviewing your policy — and the policies of family members in your household, which can sometimes apply — is one of the first things we do, because people routinely overlook coverage they have already paid for.
Uninsured, underinsured, and hit-and-run claims
The three situations where UM/UIM coverage matters most are:
- Uninsured driver. The at-fault driver has no insurance at all. With more than one in five Tennessee drivers uninsured, this is common — and without UM coverage, you could be left holding your own bills.
- Underinsured driver. The at-fault driver’s limits are too low to cover your injuries. UIM coverage can pay the difference up to your own limits.
- Hit-and-run. When the at-fault driver flees and cannot be identified, UM coverage generally treats them as uninsured — though prompt reporting to police and your insurer is essential.
Stacking: combining more than one policy
In some situations, more than one UM/UIM policy can apply to a single crash — for example, coverage on multiple vehicles in your household or a policy that applies because you were a passenger. Depending on the policy language and the facts, these layers can sometimes be combined, or “stacked,” to increase the total coverage available. The rules are technical and policy-specific, which is exactly why having a lawyer read every applicable policy can substantially increase what you recover.
When your own insurer becomes the opponent
People are often surprised to learn that a UM/UIM claim puts them at odds with their own insurance company. Even though you have paid your premiums for years, once you make a UM claim the insurer has a financial incentive to minimize it — disputing fault, questioning your injuries, and offering less than the claim is worth. A UM claim is handled much like a claim against any other insurer, and the same protections and pressure apply. Having your own advocate levels the field and keeps your insurer honest.
Deadlines and notice requirements
Tennessee’s one-year deadline to pursue an injury claim (Tenn. Code Ann. § 28-3-104) generally governs UM cases, and you must also satisfy your policy’s notice requirements — promptly reporting the crash and, in hit-and-run cases, notifying the police. Tennessee procedure also requires that your UM carrier be properly served and given the chance to participate when you sue an uninsured driver. These overlapping rules make early legal guidance important so a coverage right is not lost on a technicality.
What your Germantown UM/UIM claim is worth
A UM/UIM claim is valued like any other injury claim: by the severity and permanence of your injuries, the strength of the liability evidence, and — critically — the amount of coverage available. Because the state minimum of 25/50/15 is so low, the difference between recovering only the at-fault driver’s minimal policy and reaching your own larger UM/UIM limits can be enormous. You can recover economic damages (medical bills, future care, and lost income) and non-economic damages (pain and suffering and loss of enjoyment of life) under your UM coverage, up to the policy limits.
| Scenario | Where your recovery comes from |
|---|---|
| At-fault driver has no insurance | Your UM coverage |
| At-fault driver has too little insurance | Their policy first, then your UIM coverage |
| Hit-and-run driver flees | Your UM coverage (with prompt police report) |
| You were a passenger or pedestrian | Possibly your own and/or a household policy |
What to do after a crash with an uninsured driver
- Call 911 and get a police report — essential in hit-and-run and uninsured cases.
- Get medical care promptly and keep all records.
- Notify your own insurer of the crash, but do not give a recorded statement about fault or injuries before talking to a lawyer.
- Do not accept a quick UM offer — early offers are typically far below the claim’s value.
- Gather your policy and household policies so all available coverage can be identified.
- Call Southern Injury Attorneys for a free review of your coverage and options.
In short: With more than one in five Tennessee drivers uninsured, your own UM/UIM coverage is often the difference between full compensation and an unpaid claim — but pursuing it means going up against your own insurer under a one-year deadline. Call 800-224-5546 for a free coverage review.
Why Tennessee’s high uninsured rate makes UM coverage essential
Tennessee’s 21.3% uninsured rate is not an abstract statistic — on a busy corridor like Poplar Avenue or the Bill Morris Parkway, it means that on any given day a meaningful share of the drivers around you carry no insurance, and many more carry only the bare 25/50/15 minimum that vanishes against a serious injury. When you add the roughly one in three U.S. drivers who are uninsured or underinsured, the math is sobering: the single most likely reason a badly hurt person goes uncompensated is not that no one was at fault, but that the at-fault driver had no money and no meaningful coverage. UM/UIM coverage is the antidote. For a modest premium it converts your own policy into a backstop that pays when the other driver cannot, and it is some of the most valuable protection a Tennessee driver can buy. If you are not sure whether you have it, check today — and if you were just hurt by an uninsured driver, let us read your policy before you assume you are out of options.
Common mistakes that sink uninsured-motorist claims
UM claims are lost on avoidable errors. The most damaging is failing to report a hit-and-run promptly to police, which gives the insurer grounds to deny that an unidentified vehicle was involved. Others include giving your insurer a recorded statement that downplays injuries or concedes fault, missing a policy notice deadline, accepting a fast settlement from the at-fault driver’s insurer without preserving your UIM rights (settling and releasing the at-fault driver the wrong way can wipe out your underinsured claim), and assuming you simply have no coverage without anyone reading the policy. Each of these is preventable with early advice. We make sure notices go out on time, that any settlement protects rather than forfeits your UM/UIM rights, and that every layer of coverage is identified before a dollar is left behind.
What our Germantown-area clients say
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“My lawyer was always available to answer any questions and went above and beyond to make sure we got what we deserved! Everyone was so nice and made me feel like I was important!”
“Attorney Williamson & Ayah were amazing during my case. I really appreciate them for being so patient with me and with the other party. I TRULY APPRECIATE YOU GUYS!”
“Absolutely the best in the city. Very professional – they helped me with my slip and fall with the apartment complex! Would recommend to anyone with a car accident or slip and fall.”
“I had a time-urgent issue and Jimmy was exceptionally prompt in helping me. He truly listened to my concerns. I did not feel like just another payday for him – and my issue was resolved in my favor! 10/10 recommend!”
“This firm assisted me from start to finish without any hesitation or unnecessary fees. Extremely professional and timely. I am unfamiliar with the laws, but Southern Injury guided me the whole way. Highly recommend!”
“From the start they were honest, responsive, and completely committed to my case. They fought hard and made sure I got the compensation I deserved. If you are looking for a lawyer who truly has your back, this is the one.”
Frequently asked questions
Do I have uninsured motorist coverage in Tennessee?
Possibly without realizing it. Tennessee insurers must offer UM/UIM coverage, and it is automatically included at limits equal to your liability coverage unless you rejected it in writing. We review your policy and any applicable household policies to find coverage you have already paid for.
What is the difference between uninsured and underinsured coverage?
Uninsured (UM) coverage applies when the at-fault driver has no insurance or cannot be identified, such as a hit-and-run. Underinsured (UIM) coverage applies when the at-fault driver has some insurance but not enough to cover your injuries, paying the gap up to your own limits.
I was hit by a hit-and-run driver. Can I still recover?
Often yes, through your own uninsured motorist coverage, which generally treats an unidentified driver as uninsured. Promptly reporting the crash to police and your insurer is essential to preserve the claim.
Why is my own insurance company fighting my claim?
Once you make a UM/UIM claim, your insurer has a financial incentive to pay as little as possible. They may dispute fault or your injuries. Having your own lawyer keeps the insurer honest and levels the field.
Can I combine more than one policy?
Sometimes. Depending on the policy language and the facts, multiple UM/UIM policies, such as coverage on different household vehicles, may be combined or stacked to increase available coverage. The rules are technical, so it pays to have every policy reviewed.
How long do I have to file an uninsured motorist claim in Tennessee?
Tennessee’s one-year injury deadline under Tenn. Code Ann. 28-3-104 generally applies, and you must also meet your policy’s notice requirements and properly involve your UM carrier. Act early so a coverage right is not lost.
How much is my uninsured motorist case worth?
It depends on the severity of your injuries, the strength of the evidence, and the amount of UM/UIM coverage available. Because state minimums are so low, reaching your own larger coverage can dramatically increase your recovery.
What does it cost to hire your firm?
Nothing up front. We work on a contingency fee and are paid only if we win. The consultation is free.
About the author: Larry “Jimmy” Peters
Founder & Personal Injury Attorney, Southern Injury Attorneys
Licensed in Tennessee (BPR #37889), Mississippi, Arkansas (#2020103), Texas (#24113438), Kentucky, and Georgia (#936535).
Jimmy Peters founded Southern Injury Attorneys with one mission: maximizing compensation for people injured in car, truck, and premises-liability accidents across the Mid-South. He and his team handle auto and 18-wheeler crashes, slip-and-fall and other injury claims on a contingency fee — no fee unless the firm wins — and he personally reviews the firm’s legal content for accuracy. ★ 4.8/5 from 96 verified Google reviews. If you were hurt in Germantown or anywhere in Shelby County, the consultation is free.
This page provides general legal information about Tennessee personal injury law and is not legal advice. Reading it or contacting us does not create an attorney-client relationship.
