Uninsured Motorist Car Accident Lawyer in Georgia

Representing Clients Hurt by a Driver With No Insurance

According to a 2021 study by the Insurance Research Council (IRC), as many as 12.6% of all drivers in the United States were uninsured as of 2019. In Georgia, the percentage of uninsured motorists is 12.4%, which puts the Peach State in 23rd place in the nation for the number of drivers operating their motor vehicles without the state minimum insurance coverage. So what happens if you get in an accident where the at-fault driver carries no insurance?

The attorneys at The Scott Pryor Law Group provide an overview of how uninsured motorist claims work in Georgia and why you should seek legal representation by calling The Scott Pryor Law Group at 470-516-8130 if an uninsured driver has injured you.

Are Georgia Drivers Required to Carry Minimum Liability Insurance Coverage?

In Georgia, every driver is required to carry state minimum liability coverage for their vehicles before being allowed to drive on public roads. In order for an insurance policy to meet state requirements, it must offer at least $25,000.00 in bodily injury coverage per person, at least $50,000.00 in bodily injury coverage per incident, and a minimum of $25,000.00 in property damage coverage.

Carrying only the state minimum coverage is a risky decision – in the event, a driver is at fault for an accident that results in damages exceeding the coverage limits of their insurance policies, the driver may be personally liable. For this reason, many insurance companies offer the option of adding higher coverage limits as well as UIM coverage, which can be helpful in case you are injured by an uninsured or underinsured driver. UIM coverage is not mandatory in Georgia, but it is highly recommended.

Are There Consequences for Driving Without Insurance Coverage in Georgia?

A person who chooses only to carry state minimum coverage may be underinsured but is technically not in violation of any laws. However, someone who chooses to drive without any type of insurance is breaking the law. In Georgia, driving without any type of insurance coverage may be considered a misdemeanor.

A misdemeanor conviction may result in fines varying from $200.00 to $1,000.00 and even a jail sentence of up to 12 months. In addition, it may also result in a license suspension of 60 to 90 days. Driving without insurance is taken very seriously in Georgia, even if the driver accidentally allowed their insurance policy to lapse and did not deliberately choose to drive uninsured. Besides legal complications, uninsured drivers may be exposing themselves to personal financial liability in case they are involved in a car accident.

What Kind of Damages Can UIM Coverage Pay?

Uninsured or underinsured motorist coverage is an optional add-on to your standard auto insurance coverage, and it can play a crucial role as a source of compensation after an accident involving a driver without insurance. UIM coverage kicks in if you are injured or sustain property damage and the other driver’s coverage is insufficient, and it can also provide coverage for pedestrian accidents and hit-and-run accidents where the UIM policyholder is the victim.

Each insurance company’s UIM policy may vary, but in general, UIM covers damages caused by another driver with insufficient or nonexistent coverage. These may include medical expenses, lost wages, the cost of repairing or replacing damaged property (such as your vehicle), pain, suffering, and emotional distress.

What Can I Do If an Uninsured Driver Hits My Car?

If you were injured or sustained property damages in an accident caused by an uninsured driver, you have a few different options to try and recover compensation for your losses. The best case scenario in this situation would be simply to file a claim against your UIM insurance policy. You may also be able to file a claim if you have full coverage or collision coverage through your own insurance policy.

UIM, full coverage, and collision coverage are some of the types of policies that would allow the policyholder to receive payments for damages the same way another driver would receive if the policyholder had caused the accident. However, not every insurance company will readily accept these types of claims and may often deny legitimate claims or offer a low settlement amount.

What Are Your Legal Options If You Are Hit by an Uninsured Driver?

If you are unfortunate enough to be involved in a crash caused by an uninsured driver, you may still have options for compensation under the law.

Uninsured Motorist Coverage

While liability coverage is mandatory under the law, uninsured motorist (UM) coverage is optional. Insurance companies in Georgia are required to offer this coverage, so it is probably included in your policy unless you explicitly reject it. If an uninsured driver hits you, your UM coverage will apply to help cover your damages.

Uninsured/underinsured motorist coverage can also kick in if you are hit by an underinsured driver with policy limits that are too low to cover your damages. The required minimums for liability coverage in Georgia are only $25,000 for bodily injury per person and $25,000 in property damage per incident. If your damages exceed those limits, your uninsured motorist coverage can help fill the gap.

When you are purchasing auto insurance, be sure to choose the “Add On” rather than the “Reduced” option for uninsured motorist coverage. With “Add On” UM coverage, you can add the amount of your coverage to the other driver’s coverage. “Reduced” UM coverage only pays the difference between what the at-fault driver’s policy pays and your coverage. For example, if you have $100,000 in UM coverage and the at-fault driver has $25,000, you will only have $75,000 of your own policy left to compensate you.

Personal Injury Lawsuit

In most car accident cases, the at-fault driver’s insurance company covers the other driver’s damages. If the at-fault driver was uninsured at the time of the crash, you can still take legal action to pursue compensation by filing a lawsuit against the driver in civil court. Unfortunately, many uninsured motorists are “judgment proof,” meaning they lack the financial assets to cover your damages.

Car accidents happen. That’s what auto insurance is for, after all. But the way auto insurance is designed, both parties involved in an accident are supposed to have it. This way the responsible party’s insurance can cover the costs. In a perfect world, auto accidents and insurance claims would be the easiest thing in the world.

Too bad this isn’t a perfect world. Unfortunately, many people still take it upon themselves to drive despite not having insurance. For those struck by an uninsured driver, it can feel like a nightmare to get everything sorted out. But, if you are on the ball with your insurance policy, it shouldn’t be a problem.

A car accident lawsuit may be the only option to recover the damages you suffered from an accident with an uninsured driver if you don’t have the right type of insurance coverage. Lawsuits are a gamble, but a good attorney can help to increase the odds in your favor.

In order to pursue a lawsuit, you need to be able to prove a certain chain of effect. You need to have suffered an injury, that injury must have arisen from an accident, that accident had to have been caused by the negligence, carelessness, or recklessness of the other party. If you can show this chain of events, you can win your lawsuit.

A good uninsured motorist accident claim attorney will work with you to uncover evidence, gather witness testimony, and build a solid case that shows each required piece of information. Building a case takes time, however, so you’ll want to reach out to an attorney pretty soon after getting into an accident.

When Should I Pay Out of Pocket?

Honestly? You shouldn’t.

Unless you were the party responsible for the accident, then you shouldn’t pay out of pocket. However, many people think that this is the only option available to them when they get into an accident with an uninsured driver.

If you have the right type of insurance, then it shouldn’t matter that you got into an accident with an uninsured driver; you should still be able to make a claim regardless of the fact that the responsible party failed to have insurance.

But if you don’t have the right type of insurance, then your options are to pay out of pocket or to take the responsible party to court. This can be a hard choice to make. For one, court is expensive. So if you don’t have too much to pay in damages, it may be a better idea to simply pay and move on.

The other downside is that you aren’t guaranteed to win. Your chances are going to be quite decent that you could win, especially if you work with an experienced attorney, but there are never any guarantees when it comes to legal battles. So it could be that you spend the money on a lawsuit, only to walk away with little to show for it.

However, if your damages are anything beyond minor then it is strongly recommended that you don’t pay out of pocket but seek some form of compensation.

What Are My Options If I Don’t Have Full Coverage?

If you do not have UIM or full coverage through your insurance carrier, it may be best to speak to a personal injury attorney to learn your options. Your attorney may assist you with the process of negotiating with your insurance company and may recommend taking your case to the courtroom. In some cases, your insurance company may decide to take the at-fault driver to court to get compensation for the damages they have paid you.

If you have sustained significant damages, you may be able to initiate a personal injury lawsuit against the at-fault party, which is usually the uninsured driver. However, this would require you to prove that the other driver was negligent and that their negligence caused your injuries and damages.

This is when the work of a skilled personal injury and car accident lawyer can make all the difference for your case. At the Scott Pryor Law Group, our attorneys understand how overwhelming it can be to feel like you have to pay for all the damages and bills caused by someone else who recklessly chose not to abide by the laws and carry insurance. You may not know where to turn or begin, but we can help you navigate your case and reach a favorable result. Contact The Scott Pryor Law Group at 470-516-8130 to get started.