Memphis Injury Lawyer Blog

We all know that every driver in Tennessee has to have liability insurance, right? Wrong. To those of us who live in and around Memphis, it seems that the insured cars have a great, big red bull's eye painted on both sides of the vehicle. This target is apparently placed there just so uninsured motorists have a really good aim point. Tennessee is one of a handful of states that does not necessarily require a driver to have liability insurance, but rather must show proof of "Financial Responsibility."

I know that we all think that we have to carry insurance cards in our purse or wallet to show to the nice police person when and if we are stopped for a traffic violation. And, I know that this seems to be in direct contradiction to the paragraph above, but we shall see that the law is unphased by this small detail. Tennessee law section 55-12-139(b) requires every driver to show proof:

For the purposes of this section, “financial responsibility” means: (1) Documentation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do business in Tennessee, stating that a policy of insurance meeting the requirements of this chapter, has been issued; (2) A certificate, valid for one (1) year, issued by the commissioner of safety, stating that a cash deposit or bond in the amount required by this chapter, has been paid or filed with the commissioner, or has qualified as a self-insurer under § 55-12-111; or (3) The motor vehicle being operated at the time of the violation was owned by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission, or was owned by the United States, this state or any political subdivision thereof, and that such motor vehicle was being operated with the owner's consent.

One can only wonder how many Memphians happen to have a copy of the bond posted with the Commissioner of Safety in their glove box. But I digress. If you are injured by an Uninsured Motorist (UM), all is not lost. Under Tennessee law, many of you are already covered for such an unhappy event and probably don't even know about it. Unless you specifically opt out of UM coverage when you buy your policy or renew it, you are covered for being hit in the bull's eye by a person who has,in every sense of the words, a lack of Financial Responsibility. The minimum amounts of coverage are set by state law. In a following entry, we will find out about how to make a UM claim.