TL:DR: Uninsured motorist claims are filed against your own insurance company, not the at-fault driver, but you still have to prove the other driver caused your injuries. Texas and Tennessee both require insurers to offer this coverage, though the process for using it, and the risk of losing it, differs enough between the two states to catch people off guard.
Uninsured motorist claims let you recover compensation from your own insurer when the at-fault driver has no coverage or not enough of it, but proving your case still works much like a normal accident claim. In Texas, insurers must offer this coverage under Tex. Ins. Code § 1952.101 unless you reject it in writing. Tennessee requires the same offer-and-reject rule under Tenn. Code Ann. § 56-7-1201. This post covers how filing that claim actually works and what can quietly cost you your coverage. For a broader look at fault and liability across all crash types, see our motor vehicle accidents guide.
Legally Defined: What Uninsured Motorist Claims Cover in Texas and Tennessee
An uninsured motorist claim is a claim against your own auto insurer when the at-fault driver has no insurance, not enough insurance, or fled the scene. Because it’s technically a contract claim against your own policy rather than a lawsuit against the other driver, you still have to prove the other driver’s fault and the extent of your damages before your insurer owes anything.
Texas treats it as a contract claim with a tort inside it. Texas courts have held that no “just amount” is owed under an uninsured or underinsured motorist policy until the other driver’s negligence and your damages are established, even though the claim itself runs against your own insurer under Tex. Insurance Code § 1952.106.
Tennessee ties settlement to your UM claim. Under Tenn. Code Ann. § 56-7-1206, settling with the at-fault driver’s insurer for their policy limits before resolving your own uninsured motorist claim can require binding arbitration on liability and damages, rather than a lawsuit, unless the settlement releases every liable party.
What Can Go Wrong With an Uninsured Motorist Claim
The biggest risk in an uninsured motorist claim isn’t proving the crash happened, it’s accidentally giving up your own coverage before the claim is resolved. In Tennessee, accepting a settlement from the at-fault driver’s insurer without properly involving your own UM carrier first can limit your options, since the statute ties certain settlements to an arbitration requirement instead of a straightforward lawsuit.
In both states, your own insurance company effectively steps into the shoes of the at-fault driver once a claim is filed, which means the adjuster handling your uninsured motorist claim represents your insurer’s financial interests, not necessarily yours, even though you’ve paid premiums to that same company for years. That’s part of why uninsured motorist claims often take longer to resolve than a standard claim against another driver’s insurer, and why the details of how and when you settle with any other party matter as much as the underlying crash itself.
Both the Tennessee Department of Commerce and Insurance and its Texas counterpart regulate how these policies must be written, but neither agency can resolve an individual dispute over how much your specific claim is worth. That’s a decision made through negotiation with your insurer or, if necessary, through litigation or the arbitration process Tennessee law sometimes requires.
What to Do If You’re Hit by an Uninsured Driver
- Call the police and get an official report, since it documents that the other driver lacked insurance or fled the scene.
- Check your own policy for uninsured and underinsured motorist coverage before assuming you don’t have it, since many drivers never formally rejected it.
- Notify your own insurer of the claim promptly, even if you’re unsure yet whether you’ll need to use this coverage.
- Avoid settling with any other driver’s insurer before confirming with your own UM carrier how that settlement affects your claim.
- Seek medical care promptly and keep records, since proving damages is still central to an uninsured motorist claim.
- Contact an attorney early, since the rules for preserving an uninsured motorist claim differ meaningfully between Texas and Tennessee.
Acting early matters because both states place real conditions on how and when you can settle with other parties without jeopardizing your own uninsured motorist coverage, and because evidence connecting your injuries to the crash is easiest to gather right away. Cases involving uninsured drivers aren’t rare either, as seen in a recent Memphis DUI crash where the driver was charged with driving without insurance.
What This Means: Protecting Your Uninsured Motorist Claim
An uninsured motorist claim runs against your own insurer, but it still depends on proving the other driver’s fault and your damages, and in Tennessee, on how you handle any settlement along the way. Texas and Tennessee both require this coverage to be offered, but the details of using it without losing it differ enough to matter. If you’re still working through fault and liability questions more broadly, our motor vehicle accidents guide covers how Texas and Tennessee approach car accident claims overall.
This content is for informational purposes only and does not constitute legal advice. Contact Culpepper Law Group for guidance specific to your situation.
Take This Step: Get Help From a Houston or Memphis Uninsured Motorist Claim Lawyer
Filing a claim against your own insurer after being hit by an uninsured driver shouldn’t be something you navigate without help. As a personal injury lawyer team, Culpepper Law Group offers a free consultation to review your policy and protect your uninsured motorist claim from the start. Our Stafford, Texas office serves the greater Houston area, and our Memphis, Tennessee office handles claims across that region. You pay nothing unless we win your case. Reach out today so we can start protecting your claim.
Frequently Asked Questions
1. Do I have uninsured motorist coverage if I never specifically bought it?
Likely yes, since insurers must include it unless you rejected it in writing, which many drivers never did.
2. How much does it cost to hire an uninsured motorist claim lawyer in Texas or Tennessee?
Culpepper Law Group works on contingency, so there’s no upfront cost, and you pay nothing unless we recover compensation for you.
3. Will filing an uninsured motorist claim raise my insurance rates?
Rate impacts vary by insurer and state regulation, so it’s worth reviewing your specific policy and situation with an attorney.
4. Can I still file a claim if the driver who hit me fled the scene?
Yes, hit-and-run accidents are generally covered under uninsured motorist provisions in both states, provided you can document the incident.
5. What if the at-fault driver has some insurance, just not enough?
That’s an underinsured motorist claim, which works similarly but applies when the other driver’s policy limits fall short of your damages.
Key Takeaways
- Uninsured motorist claims run against your own insurer, but you still have to prove the other driver’s fault and your damages.
- Texas requires insurers to offer this coverage under Tex. Ins. Code § 1952.101 unless you reject it in writing.
- Tennessee requires the same offer-and-reject rule under Tenn. Code Ann. § 56-7-1201, but ties certain settlements to an arbitration requirement under § 56-7-1206.
- Settling with another driver’s insurer before involving your own UM carrier can limit your options in either state.
- Hit-and-run accidents are generally covered under uninsured motorist provisions in both Texas and Tennessee.
