The short answer
When the other driver has no insurance
If the driver who hit you has no insurance, your own uninsured motorist (UM) coverage is the usual place to look. In 2023, 15.4 percent of drivers nationwide were estimated to be uninsured [8]. Tennessee, Alabama, Oklahoma and South Carolina each build UM into auto policies. Tennessee, Alabama and Oklahoma let the named insured reject it in writing; the South Carolina statute we read says a policy may not be issued without the provision. We cannot tell you whether your policy has it; read the declarations page.
| State | Does the policy carry UM? | Estimated uninsured drivers, 2023 |
|---|---|---|
| Tennessee | Included, unless rejected in writing. § 56-7-1201 [3]. | 21.3% |
| Alabama | Included, unless the named insured rejects it. § 32-7-23 [5]. | 16.8% |
| Oklahoma | Included; may be rejected in writing. 36 O.S. § 3636 [6]. | 12.0% |
| South Carolina | Policy must contain an uninsured motorist provision. § 38-77-150 [7]. | 10.3% |
Rates are the Insurance Research Council's estimates as published by Triple-I, a ratio of UM claims to bodily injury claims [8]. Triple-I notes the measure is a claims ratio, not a count of cars [8]. Minimum liability limits in each state are on the Tennessee, Alabama, Oklahoma and South Carolina insurance minimums pages.
Tennessee
Tennessee: the floor and how UM reads
| Coverage | Minimum |
|---|---|
| Bodily injury or death, one person | $25,000 |
| Bodily injury or death, all people in one accident | $50,000 |
| Property damage | $25,000 |
The limits are in Tenn. Code Ann. § 55-12-102(12)(D) (FindLaw mirror, current as of January 2, 2024) [2]. The Tennessee Department of Revenue lists the same minimums: "$25,000 for each injury or death per accident," [1] "$50,000 for total injuries or deaths per accident," [1] and "$25,000 for property damage per accident." [1]
Under Tenn. Code Ann. § 56-7-1201 (FindLaw mirror, current as of January 2, 2024):
- It is part of the policy. Auto liability policies must include UM coverage for insureds legally entitled to recover compensatory damages from owners or operators of uninsured motor vehicles, with limits equal to the policy's bodily injury limits [3].
- It can be rejected in writing. The named insured may reject it completely or select lower limits, but not below the minimum limits [3]. The signed document is "binding upon every insured." [3]
- A signed rejection can carry forward. It need not be repeated in renewals with the same insurer; a new application restarts the rules [3].
- UM property damage is a separate offer. After one written rejection, the insurer need not offer it again [3].
- Too little liability counts. An uninsured motor vehicle includes one where the limits available are less than your UM limits [4].
- Unknown driver. If the owner or operator is unknown, there is no UM right to recover unless the statute's conditions are met: physical contact or clear and convincing proof, a timely report to law enforcement, and no negligence in failing to identify the other vehicle [3]. See hit and run: what to do.
- No rate increase for the claim. No insurer may raise your rate or cancel the coverage solely because of paying a UM claim [3].
To check your own policy, find the declarations page and look for lines called "uninsured motorist," "underinsured motorist," "medical payments" and "collision." If a line is unclear, your insurer or agent, or the Tennessee Department of Commerce and Insurance, can explain what it means. We do not tell you whether to make or accept any claim.
Alabama
Alabama: Code of Alabama § 32-7-23
- Required unless rejected. Liability policies delivered in Alabama must carry UM coverage for insureds legally entitled to recover from owners or operators of uninsured motor vehicles, but the named insured has the right to reject it [5].
- Renewals. Unless the named insured asks in writing, UM need not be provided in a renewal if the insured rejected it on the earlier policy from the same insurer [5].
- What counts as uninsured. The term "shall include, but is not limited to," vehicles where neither the owner nor the operator carries bodily injury liability insurance, limits are below the state minimum, the insurer becomes insolvent, or the liability limits available are less than the injured person's damages [5] [5].
- Limits on stacking. Recovery under one contract is limited to the primary coverage plus coverage for additional vehicles, up to two additional coverages [5].
The Alabama minimums are on Alabama insurance minimums.
Oklahoma
Oklahoma: 36 O.S. § 3636
- Required, with a hit-and-run clause. Auto liability policies must provide UM coverage for insureds legally entitled to recover from "owners or operators of uninsured motor vehicles and hit-and-run motor vehicles." [6]
- Limits. Coverage must be at least the bodily injury limits of the state's minimum policy under 47 O.S. § 7-204, and higher limits must be offered, up to the insured's bodily injury liability limits [6].
- No stacking after 2014. Policies issued, renewed or reinstated after November 1, 2014 are not subject to stacking or aggregation unless the carrier expressly provides it [6].
- What counts as uninsured. Includes an insured vehicle whose insurer cannot pay because of insolvency, and one whose liability limits are less than the claim [6].
- Rejection. The named insured or applicant may reject UM in writing; the first signed form stays valid for the life of the policy [6].
- Notice to your UM insurer. If you reach a tentative settlement for the other driver's liability limits, the statute requires written notice to your UM insurer by certified mail, which then has 60 days to substitute its payment [6]. Ask an attorney how this applies before settling anything.
The Oklahoma minimums are on Oklahoma insurance minimums.
South Carolina
South Carolina: S.C. Code §§ 38-77-30, 38-77-150, 38-77-160
- Required provision. No automobile policy may be issued unless it contains an uninsured motorist provision, with limits no less than the § 38-77-140 minimums [7]. It must also cover property of the insured for at least $25,000, though the first $200 of loss may be excluded [7].
- What counts as uninsured. Includes a vehicle with no bodily injury and property damage liability insurance at the § 38-77-140 amounts, one where the insurer successfully denies coverage, and one where the insurer is insolvent [7]. A vehicle with an unknown owner or operator is considered uninsured, subject to the chapter's conditions [7].
- Underinsured motorist coverage. Carriers must offer UIM at the insured's option, up to the insured's liability limits [7]. An underinsured vehicle has insurance of at least the minimum, but less than the insureds' damages [7].
- Suit must serve your insurer. No action may be brought under the UM provision unless the pleadings establishing liability are served on the insurer [7].
The South Carolina minimums are on South Carolina insurance minimums.
What to write down
If the other driver has no insurance
Sources
- Tennessee Department of Revenue, Financial Responsibility Law (Drive Insured Tennessee) (checked November 9, 2026)Official source“$25,000 for each injury or death per accident”“$50,000 for total injuries or deaths per accident”“$25,000 for property damage per accident”
- Tenn. Code Ann. § 55-12-102, limits (FindLaw mirror) (checked November 9, 2026)Code text via FindLaw (unofficial copy)“A split-limit policy with a limit of not less than twenty-five thousand dollars ($25,000) for bodily injury to or death of one (1) person, not less than fifty thousand dollars ($50,000) for bodily injury to or death of two (2) or more persons in any one (1) accident, and not less than twenty-five thousand dollars ($25,000) for damage to property in any one (1) accident”
- Tenn. Code Ann. § 56-7-1201, uninsured motorist coverage (FindLaw mirror, current as of Jan. 2, 2024) (checked November 9, 2026)Code text via FindLaw (unofficial copy)“may reject in writing the uninsured motorist coverage completely or select lower limits of the coverage”“The limits of the uninsured motorist coverage shall be equal to the bodily injury liability limits stated in the policy”“binding upon every insured to whom the policy applies”“where the named insured had rejected the coverage in connection with a policy previously issued by the same insurer”“After the uninsured motorist property damage coverage has been made available to an insured one (1) time and has been rejected in writing, it need not again be made available”“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”“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”“for the protection of persons insured under the policy who are legally entitled to recover compensatory damages from owners or operators of uninsured motor vehicles”“shall be provided an opportunity to include uninsured motorist property damage coverage”
- Tenn. Code Ann. § 56-7-1202, uninsured motor vehicle defined (FindLaw mirror, current as of Jan. 2, 2024) (checked November 9, 2026)Code text via FindLaw (unofficial copy)“is less than the applicable limits of uninsured motorist coverage provided to the insured under the policy against which the claim is made”
- Ala. Code § 32-7-23, uninsured motorist coverage (Alabama Legislature) (checked November 9, 2026)Official source“provided, that the named insured shall have the right to reject such coverage”“unless the named insured requests such coverage in writing, such coverage need not be provided in or supplemental to a renewal policy”“Neither the owner nor the operator carries bodily injury liability insurance”“The sum of the limits of liability under all bodily injury liability bonds and insurance policies available to an injured person after an accident is less than the damages”“but not to exceed two additional coverages within such contract”“The sum of the limits of liability under all bodily injury liability bonds and insurance policies available to an injured person after an accident is less than the damages which the injured person is legally entitled to recover”
- 36 O.S. § 3636, uninsured motorist coverage (Oklahoma State Courts Network) (checked November 9, 2026)Official source“A named insured or applicant shall have the right to reject uninsured motorist coverage in writing”“legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles”“increased limits of liability shall be offered and purchased if desired, not to exceed the limits provided in the policy of bodily injury liability of the insured”“shall not be subject to stacking or aggregation of limits unless expressly provided for by an insurance carrier”“the liability limits of which are less than the amount of the claim of the person or persons making such claim”“shall remain valid for the life of the policy”“written notice shall be given by certified mail to the uninsured motorist coverage insurer by its insured”“the insurer making such payment shall, to the extent thereof, be entitled to the proceeds of any settlement or judgment”
- S.C. Code Ann. Title 38, Chapter 77, §§ 38-77-30, 38-77-150, 38-77-160 (South Carolina Legislature) (checked November 9, 2026)Official source“undertaking to pay the insured all sums which he is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle”“within limits which may be no less than the requirements of Section 38-77-140”“but may provide an exclusion of the first two hundred dollars of the loss or damage”“the insurer writing the same successfully denies coverage thereunder”“A motor vehicle is considered uninsured if the owner or operator is unknown”“Such carriers shall also offer, at the option of the insured, underinsured motorist coverage”“the amount of the insurance or bond is less than the amount of the insureds' damages”“unless copies of the pleadings in the action establishing liability are served in the manner provided by law upon the insurer writing the uninsured motorist provision”“No automobile insurance policy or contract may be issued or delivered unless it contains a provision by endorsement or otherwise, herein referred to as the uninsured motorist provision”“Automobile insurance carriers shall offer, at the option of the insured, uninsured motorist coverage up to the limits of the insured's liability coverage”“may provide an exclusion of the first two hundred dollars of the loss or damage”“underinsured motorist coverage up to the limits of the insured liability coverage”
- Triple-I (Insurance Information Institute), Facts + Statistics: Uninsured motorists (data from the Insurance Research Council) (checked November 9, 2026)Official source“In 2023, 15.4 percent of motorists, or more than one in seven drivers, were uninsured”Where: Estimated Percentage of Uninsured Motorists by State, 2023: Alabama 16.8%, Oklahoma 12.0%, South Carolina 10.3%, Tennessee 21.3%“The IRC measures the number of uninsured motorists based on insurance claims”
Unofficial copies come from a legal publisher, not the state. They can lag the current code, so check the official code before relying on a date or amount.
Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.
Questions
What happens if I'm hit by an uninsured driver?
The other driver's liability insurance cannot pay, so the usual place to look is your own uninsured motorist (UM) coverage, if your policy has it. Each state's statute sets what UM must cover, and in Tennessee, Alabama and Oklahoma the insured can reject it only in writing. See the Tennessee, Alabama, Oklahoma and South Carolina sections below. An attorney can explain how this applies to your facts.
What should I do if the other driver has no insurance?
Call 911 if anyone is hurt, get the driver's details and ask the officer to record the lack of insurance in the report, photograph everything, and report the crash to your own insurer. The checklist below lists what to write down.
Is it worth suing an uninsured driver?
We cannot say, and we do not predict outcomes. Whether it makes sense depends on facts only a licensed attorney can weigh. Separately, your own UM coverage is written for this situation and does not require the other driver to have insurance [3].
What are the percentages of uninsured drivers by state?
The Insurance Research Council estimates 15.4% of drivers were uninsured in 2023 nationwide [8]. For our four states the same estimate is Tennessee 21.3%, Alabama 16.8%, Oklahoma 12.0% and South Carolina 10.3% [8]. The estimate is a ratio of UM claims to bodily injury claims, not a count of cars.
What are Tennessee's minimum insurance limits?
$25,000 for injury or death to one person, $50,000 for all people in one accident, and $25,000 for property damage (Tenn. Code Ann. § 55-12-102(12)(D)) [2]. The other three states' minimums are on their insurance minimums pages.
Does Tennessee require uninsured motorist coverage?
Auto liability policies must include it, but the named insured may reject it in writing or choose lower limits, not below the minimum limits (Tenn. Code Ann. § 56-7-1201) [3].
Does Alabama require uninsured motorist coverage?
Alabama policies must include it unless the named insured rejects it [5].
Does Oklahoma require uninsured motorist coverage?
Oklahoma policies must include it, and the named insured or applicant may reject it in writing [6].
Does South Carolina require uninsured motorist coverage?
South Carolina says no auto policy may be issued unless it contains an uninsured motorist provision [7]. Carriers must also offer extra UM and underinsured motorist coverage at the insured's option [7].
What happens if my car is damaged by an uninsured driver?
It depends on the state and your policy. Tennessee requires insurers to give an opportunity to add UM property damage coverage [3]. South Carolina's UM provision must include at least $25,000 for damage to the insured's property, with the first $200 excludable [7]. For Alabama and Oklahoma we read the UM statutes' bodily-injury language only, so ask your insurer about property damage.
Do insurance companies usually sue uninsured drivers?
We found no data on how often. The statutes do give an insurer that pays a UM claim a right to recover from the person legally responsible: Oklahoma's § 3636(F) says the insurer is entitled to the proceeds of any settlement or judgment from the person's rights against the responsible party [6].
Does my own liability coverage pay my medical bills?
No. Your liability coverage pays for others' losses when you are at fault. An at-fault driver's liability insurance, if they have any, may cover injury claims up to its limits. Your own care may involve medical payments coverage or health insurance, if you have them.
What if the other driver has insurance but not enough?
Many policies label coverage UM/UIM. Tennessee defines an uninsured motor vehicle to include one where the limits available are less than your UM limits [4]. Alabama, Oklahoma and South Carolina also count a vehicle with too little liability insurance [5] [6] [7]. Read the definitions in your own policy or ask your insurer or agent.
Does the insurance deadline match the court deadline?
No. A policy can have its own notice rules. Tennessee's usual court deadline for a personal injury lawsuit is one year, with exceptions (Tenn. Code Ann. § 28-3-104). The other states' deadlines are on their statute of limitations pages. General information, not legal advice.
CrashFirst is not a law firm and does not give legal advice. This checklist is general information. Every situation is different.
Keep reading
- Guide
What to do after a hit and run
Driver duties after a crash in Tennessee, Alabama, Oklahoma and South Carolina as the statutes read, who to report to, how uninsured motorist coverage treats a driver who left, and a checklist.
Open - Guide
What to do after a crash.
A calm, ordered checklist for the scene, today, the next 72 hours and the next few weeks. Tick it off here or print it for the glove box.
Open - State reference
Tennessee minimum car insurance limits and uninsured motorist rules
Tennessee minimum liability is 25/50/25. See what each number covers, uninsured motorist offer rules, and penalties. Official sources, checked Nov 2026.
Open - State reference
Alabama minimum car insurance: the 25/50/25 rule
Alabama requires $25,000 / $50,000 bodily injury and $25,000 property damage. Statute text, uninsured motorist rules and what to check on your policy.
Open - State reference
Oklahoma minimum car insurance and uninsured motorist rules
Oklahoma's minimum liability limits are $25,000 / $50,000 / $25,000. Statute text, the penalty for no insurance and how uninsured motorist coverage works.
Open - State reference
South Carolina minimum car insurance and uninsured motorist rules
South Carolina requires $25,000 / $50,000 / $25,000 liability and builds in uninsured motorist coverage. Statute text, no mandatory PIP and the penalty for driving uninsured.
Open