What if the Other Driver in an Accident Doesn’t Have Insurance?

Author: MatadorAdmin Posted on: . Filed in: Uncategorized.

Personal Injury Lawyer

Georgia drivers must have auto insurance with a minimum of $25,000 bodily injury liability per person, $50,000 bodily injury liability per accident, and $25,000 property damage liability. Still, 12 percent of Georgia drivers are uninsured, according to the Insurance Information Institute (https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists).

If you are in an accident with an uninsured motorist, you have three courses of action. You can bring a personal injury lawsuit against the driver, get your insurance company to pay, or pay for the damages yourself. Paying for your own damages is the worst possible outcome, so let a lawyer help you get damages from the uninsured motorist or your insurance company.

Suing for Damages After an Accident

Some Georgia residents choose to file a personal injury lawsuit against the at-fault driver. Unfortunately, people who don’t have insurance usually don’t have enough money to pay the judgment.

Recovering Money from the Insurance Company

Recovering money from the insurance company is a better option, if possible. You can do this if you carry uninsured motorist coverage. While Georgia law doesn’t require this coverage, it is a good idea to add it to your policy.

If you do have this coverage, recovering damages isn’t as simple as picking up the phone and calling the insurance company. Many people hire an attorney to help them navigate the obstacles in the way.

First, the insurance company will not be in your corner during this process. Yes, you pay the company a monthly rate to protect you. Yet in this instance, the company is the adverse party. It wants to hold onto its money, and it will fight to prevent you from recovering damages. It might try to avoid paying at all or could offer a low settlement. Go over the settlement with a lawyer to ensure it is fair.

Insurance companies justify this behavior by blaming other drivers for accidents or denying that an accident caused injuries. The company might even claim your injuries are not serious enough.

Second, insurance companies often set deadlines when making uninsured motorist claims. The deadlines are so short that many people miss them and cannot make a claim. By the time they file the paperwork, it is too late. An attorney can help you send in the paperwork before the deadline.

Choosing Uninsured Motorist Coverage

If you don’t have uninsured motorist coverage, you should add it to your policy. Georgia insurance companies offer three options to protect yourself against uninsured motorists.

First, medical payments coverage (“med pay”) is usually available.  This money is typically available quickly and can allow you to pay any early medical bills that may be caused by the collision.

Second, uninsured or underinsured motorist coverage (“UM”) is available. It may care of the out-of-pocket expenses you have to pay due to accidents, such as the deductible.

Finally, you can get a collision policy. This policy will pay to have your vehicle repaired if you are in an accident with an uninsured driver.

Get Legal Help

If you get in an accident with an uninsured driver, don’t try to recover damages on your own. Even if you have uninsured motorist coverage, the process is complicated. A car accident lawyer in Brookhaven, GA can build a case to help you recover damages. Contact a lawyer for a consultation.



Thanks to the Butler Law Firm for their insight into personal injury claims and uninsured motorists.