The state of Georgia requires drivers to carry liability insurance so they can pay for the consequences of any accidents they cause. Unfortunately, not everyone follows this important law. That leaves far too many uninsured motorists on the roads putting others at risk.
The good news is that if one of these drivers hits you, you could have other options for pursuing financial recovery for the harm and losses you’ve endured. An experienced attorney can explain your rights and guide you through the claims process after an accident with an uninsured driver.
If you’ve been harmed by a driver without insurance, you should speak with an Atlanta uninsured accident lawyer about your options. Contact Butler Kahn for a free case review to learn more.
What Are the Liability Insurance Requirements for Drivers in Georgia?
In Georgia, drivers must carry liability insurance. This coverage pays for the costs associated with bodily injury or property damage if the policyholder causes an accident. Georgia drivers must have at least:
- $25,000 per person in bodily injury liability coverage
- $50,000 per accident in bodily injury liability coverage
- $25,000 per accident in property damage liability coverage
Is Georgia an At-Fault State When It Comes to Accidents?
In Georgia, a car accident victim has the right to pursue compensation for their losses from those at fault for the collision. If you got hurt in a Georgia car crash someone else caused, you could file an insurance claim or injury lawsuit against the driver who hit you or any other parties who contributed to the wreck.
What Should I Do If I Am Hit By an Uninsured Driver?
If you’ve been hit by an uninsured driver, taking the following steps can help you pursue the compensation they owe you:
- Report the crash to law enforcement.
- Seek prompt medical attention and follow your doctor’s treatment plan.
- Notify your auto insurance company about the accident.
- Keep copies of bills, invoices, and receipts from crash-related expenses.
- Gather your pay stubs or bank statements as proof of lost income.
- Start a pain journal to document the details of your recovery.
- Contact an Atlanta uninsured driver accident attorney.
What Happens If I Am Hit By An Uninsured Motorist?
If you get hit by an uninsured driver, you can still pursue compensation from them. However, instead of filing a claim with their insurance, you might have to file a lawsuit against them directly. Fortunately, you could have other avenues for recovering compensation for your crash-related injuries and losses – depending on your insurance coverage.
Can I Sue the Uninsured Driver for My Damages?
You can sue an uninsured motorist who causes a car accident to demand financial recovery from their personal assets. However, drivers who don’t carry liability insurance often do so because they cannot afford it or have few assets they need to protect from a lawsuit. This can make it more complicated for those they injure to receive compensation.
Still, do not give up hope. An experienced attorney can explore other collection methods, such as transferring assets or garnishing the at-fault driver’s wages to pay for some or all of your accident-related losses over time. They can also investigate the crash to see if anyone else might be liable for your injuries.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage is an optional type of insurance that protects you if you are hurt in a car accident caused by a driver who lacks liability insurance. Georgia law requires auto insurance companies to offer uninsured motorist coverage when you purchase an auto insurance policy, though you can refuse this coverage in writing. Uninsured motorist coverage pays you the compensation you could have recovered from the at-fault driver if they had the proper insurance coverage, up to your policy limits.
Can Uninsured Motorist Coverage Be Used in a Hit-and-Run Accident?
Car insurance companies treat hit-and-run drivers as “uninsured” drivers. That means you can file an uninsured motorist claim after a hit-and-run accident if you carry UM coverage as part of your car insurance policy.
What If I Do Not Have Uninsured Motorist Coverage?
Even if you don’t have UM coverage, you might have other options for recovering compensation after an accident with an uninsured driver, including:
- Medical payments (MedPay) coverage – This optional type of coverage can pay for your medical treatment and rehabilitation costs if you suffer injuries in a car accident. This no-fault coverage can even pay deductibles and copays from other insurance policies after a wreck.
- Health insurance – If you carry health insurance, you could use it to cover medical expenses after a car accident. However, health insurance is usually considered secondary coverage in car accident cases. You’ll usually need to exhaust other sources of coverage before you can ask your health insurance provider to reimburse your remaining expenses.
- Collision coverage – This type of coverage reimburses you for the costs to repair your vehicle or your car’s actual cash value if it is a total loss. Some banks require you to purchase this optional coverage if you lease or take out a loan to purchase a car.
How Long Do I Have to File a Car Accident Claim in Georgia?
Under Georgia law, you typically have two years to sue the at-fault party in a personal injury lawsuit if you get hurt in a car crash. If you try to sue after the relevant deadline expires, the court could dismiss your case – no matter how strong your legal grounds to sue. That’s why speaking with a trusted lawyer as soon as possible after an accident is essential to ensure your claim is filed on time.
Contact an Atlanta Uninsured Accident Lawyer
If you are here because you or a loved one has been hurt in a car accident with an uninsured driver, we hope you are receiving the medical care that you need and are making a recovery. We also hope you’ve found the information on this page useful. If you’d like to discuss your situation with us, call us or contact us online. There is no charge to speak with us about your case.