I was hit by a drunk driver – he ran a red light and broad-sided me. He told the cop that he was drinking at home all day, got in an argument with his wife, left the house, and then had the wreck with me. I spent seven days in the hospital and have missed four weeks of work so far. I still don’t know when I can go back to work. I just found out that the drunk did not have any liability insurance on his car. Now what?
You will have to rely on your uninsured motorist insurance coverage. Look at the declarations page of your insurance policy and see what amount of coverage you have. It is designed to protect you in this situation.
If you have uninsured motorist coverage (and Tennessee law requires your insurance company to sell it to you unless you right it in writing) you will have to collect your damages from your own insurance company. Your company cannot raise your rates because of an uninsured motorist claim.
You also can sue the drunk. Just because someone does not have insurance does not mean that they escape responsibility for their actions. The problem, of course, is collecting whatever damages you recover.
This is the type of case where you would benefit from the guidance of an experienced personal injury lawyer. We will be happy to meet and discuss your case with you. We do not charge a consultation fee and accept personal injury cases on a contingent fee basis.