By David Peel
Tennessee has so many drivers that are uninsured and many just keep on going after a crash.
I hope you have at least $100,000 in Uninsured Motorists (UM) Coverage. If not, please get it.
How does it all work? If you or yours are hit (in car, or on foot) by an uninsured, underinsured or unknown motorist, there are a few things that we have to prove to collect from your UM coverage (medicals, pain, suffering, lost wages, etc.) just EXACTLY as if it the other driver’s liability insurance. (**No, it cannot hurt you:“No insurer shall increase the automobile insurance rate or premium of an insured with uninsured motorist coverage nor cancel the coverage due solely to the payment of any claim under uninsured motorist coverage.” TN Code § 56-7-1201(f).
In the Case of an UNKNOWN (hit and run) Driver:
If the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, the insured shall have no right to recover under the uninsured motorist provision unless:
Actual physical contact has occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured; or
The existence of the unknown motorist is established by clear and convincing evidence, other than any evidence provided by occupants in the insured vehicle;
The insured or someone in the insured’s behalf has reported the accident to the appropriate law enforcement agency within a reasonable time after its occurrence; and
The insured was not negligent in failing to determine the identity of the other vehicle and the owner or operator of the other vehicle at the time of the accident.
You can see that this is all to avoid insurance fraud: the person who just runs off the road while texting and gets hurt badly from collecting on their own UM policy.
In the case of an at fault uninsured or underinsured driver, the case is more like a typical case in all aspects, except there the other driver is defended by your UM coverage.
Let me know if you have interesting stories or places to explore [email protected].
