Georgia is a “fault” state. That means that the at-fault driver is required to pay for your losses and damages after an accident—usually through insurance. In fact, Georgia demands that drivers carry certain minimum coverage amounts for this reason. However, not every driver in Buford will keep up to date on their required insurance. What does that mean for car accident victims? It means you may have to fight for your legal rights—and you may have to look at other ways of getting the money you need from an uninsured driver. You should talk to a Buford uninsured motorist accident lawyer to find out.
John Foy & Associates can help you with your uninsured or underinsured motorist claim. With over 20 years in the field, we have extensive experience working on behalf of victims in these difficult circumstances. In fact, John Foy & Associates works exclusively for victims—we have never taken a case on behalf of an insurance company. And we only get paid if you get money, so there is no cost to you if you don’t recover anything. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
How do I get money damages if the other driver doesn’t have insurance?
You always have the option of suing the individual driver after a car accident in the City of Buford—and in most situations, that is what we will do for you. However, when an at-fault driver does not have insurance, there is no insurance company behind the scenes working on their behalf. This changes how the case progresses. For example:
- Since the at-fault driver is no longer backed by extensive legal experience and resources, it may be easier to prove your claim against them.
- At the same time, it can present problems when you go to collect the money.
You need to know that you can still get money out of the other driver. It’s just harder to do. That’s why we always look at alternatives to a direct lawsuit where possible. In many cases this is where uninsured and underinsured motorist (UM/UIM) insurance comes into play. This type of insurance coverage is something that your insurance company is required by law to offer you. You may have UM/UIM insurance and not even realize it; you would have had to intentionally reject this coverage in writing for it not to apply.
UM/UIM coverage allows you to collect money for your damages from your own insurance company, up to certain policy limitations. In many circumstances, it is much easier to get money from your insurance company through this type of coverage than it would be to collect from an individual at-fault driver.
Why would I need a lawyer to help with an uninsured motorist claim? My insurance company is on my side, right?
They are supposed to be! Although uninsured motorist claims are with your own insurance company, that doesn’t necessarily mean that they will treat you fairly. Insurance companies are in the business of making money; if they can pay you less for your claim than your policy amount, they will. That means that your own insurance company may question your injuries or property damage—potentially lowering the amount you’re offered by thousands of dollars or more. Given how much is at stake, it’s usually a good idea to involve a lawyer.
Your uninsured motorist attorney will help you examine your policy so that you fully understand your coverage. They will determine what your insurance plan should pay and help you assert your rights. They also have the power to negotiate with an insurance company—and back your claim with hard evidence Without this kind of legal protection, insurance companies may not take their own insured driver seriously, or even try to take advantage of you by underpaying you.
Having a lawyer will also help you make a claim in court against the other driver. Your insurance company will not take this extra step, even if you have uninsured motorist coverage. In many situations, it’s in your best interest to follow both routes—file your UM/UIM claim and sue the at-fault driver at the same time. Your attorney will be able to examine the case to determine if this a good idea and walk you through the process if it is.
When is having UM/UIM coverage a good idea?
You never know when you will have an accident with an uninsured driver. There may be a reason that this person does not have insurance—such as that they do not have a license and should not be driving. Uninsured drivers are often reckless, which leads to more accidents.
We generally recommend getting at least some UM/UIM coverage, even though it is not required by law in Georgia. This type of coverage is helpful in situations that involve:
- Completely uninsured drivers
- Serious accidents that go beyond the other driver’s insurance coverage (underinsured drivers)
- Hit and run accidents
- Pedestrian and bicyclist accidents
Many people do not realize that you can use your UM/UIM coverage even when you are hit by a vehicle while on a bike ride or walk. If you are an avid bike rider, walker, or runner, this type of coverage may be a good idea for you.
Review the “Declarations” page of your coverage policy. You may have UM/UIM insurance and not even realize it.
Talk to a Buford Uninsured Motorist Lawyer for Free
Georgia’s laws are designed to protect car accident victims. But they don’t always work as intended—especially when not everyone carries insurance. Don’t let one reckless driver leave you with years of bills. Let the team at John Foy & Associates examine your case and show you the best options available. We offer a FREE consultation and we never charge anything unless we get you money. Together, we can get you the most money even when there’s no insurance policy. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.