If you have been in an accident with an uninsured driver in Brookhaven, you may be angry. You may also be worried about who is going to foot the bill for your injuries and smashed-up car. Even if the other driver had insurance, you may be starting to realize that the insurance won’t be nearly enough to cover your costs. Uninsured and underinsured drivers are a huge problem in the Peach State, but we can help.
At John Foy & Associates, we have a proven track record of winning money for accident victims—even when there is no insurance. Uninsured drivers are breaking the law, and there’s no reason you should have to pay for that. We will meet with you, for free, to talk about your accident, answer your questions, and help you understand your options. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
What does it mean for a driver to be “uninsured” or “underinsured”?
Georgia protects its drivers by requiring every vehicle owner in the City of Brookhaven and the rest of the state to have auto insurance. To comply with the law, you must buy liability insurance that will pay $25,000 for an individual’s injuries and at least $50,000 for all total injuries. Your policy must also cover at least $25,000 for property damage. You can, of course, buy coverage that will pay out more than this, but many people get the minimum amount of coverage because it saves them money on insurance premiums.
About 12 percent of Georgia drivers decide they’d rather take the risk of an accident than pay for insurance. These drivers are known as “uninsured.” If your accident is caused by an uninsured driver, you can’t make a claim against that driver’s insurance, because there isn’t any.
Many more drivers are “underinsured.” Insurance always comes with a limit, and this is the maximum amount the insurance company will pay out on a claim. An underinsured motorist has insurance, but the policy isn’t big enough to the total costs of the accident.
Will my uninsured motorist coverage pay?
It depends on whether you have this type of insurance and what your policy says. Uninsured motorist coverage typically pays in the event you are in an accident with someone who has no insurance, but this coverage is optional and costs extra in Georgia. As a result, many drivers choose not to add it to their policies.
A different type of insurance, called “underinsured motorist insurance” covers you if you are in an accident with a driver who doesn’t have enough insurance to pay for everything. Underinsured motorist coverage is also optional, and it typically kicks in after the other driver’s policy has paid up to its limit.
Can I still recover money even if there is no insurance?
All accident victims have the same rights, regardless of whether there is insurance. You can recover money for ALL the effects of an accident that was someone else’s fault. Although the specifics will depend on the type and severity of your injuries, a typical accident victim can expect to receive money for:
- Medical expenses, including doctor and hospital bills, prescriptions and physical therapy.
- Lost wages. This money makes up for any unpaid time you missed from work as a result of the accident.
- Vehicle damage, including replacing a car that is totaled.
These types of damages are fairly easy to calculate with bills and receipts. But the law recognizes that the accident may have affected your life in other ways too. You may be in nearly constant pain, unable to move around as well as you used to, or suffering from post-traumatic stress. You may be unable to do things you used to enjoy. For these types of losses, the local courts often award damages known as “pain and suffering.” Pain and suffering damages are sometimes far greater than your out of pocket costs.
Do I need to get a lawyer?
It is extremely difficult to recover money in an uninsured motorist claim without legal help. If a driver has some insurance, but not enough, you may be stuck with the limits of the insurance policy and nothing more if you don’t have a lawyer working for you. This cheats you out of the money you have a right to.
When we can’t look to insurance to pay for your losses, we have to explore other approaches. A good lawyer knows how to do this, and can, if necessary, file a lawsuit in the local courts to get you paid. Some of our strategies for getting money from an uninsured driver include:
- Making a claim on another insurance policy, including your own uninsured or underinsured motorist coverage.
- Investigating whether other parties might also be at fault in your accident.
- Asking the court to order the other driver to pay from his or her own funds. Once we have this order, we may have to pursue other tactics to make sure the other driver actually pays.
- Putting a lien on the other driver’s property. The lien will stay in place until you are paid, and if necessary it will be paid from the sale of the property.
These strategies are more complicated and may take longer than the usual insurance claims process, but our goal is always to get money into your hands as quickly as possible. You can help this effort by going to see a lawyer as soon as possible after your accident. The sooner we can start work, the sooner you can get paid.
Talk to a Brookhaven Uninsured Motorist Lawyer
At John Foy & Associates, we have a long history of recovering money in uninsured motorist accidents, and we won’t charge you a cent unless we get money for you. You shouldn’t bear the consequences of another driver’s careless choices. We will give you a free consultation to talk about your accident and help you figure out what to do next. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.