In Georgia, you must have liability insurance that meets the minimum limits required by law to drive on the state’s public roads and highways. However, some motorists still operate on our roads without car insurance. Others choose to get the minimum policies permitted by law, which often proves woefully insufficient after a serious accident.
Recovering compensation can be difficult if you were hurt in an accident involving an uninsured or underinsured motorist. An Ellenwood car accident lawyer from John Foy & Associates can help you navigate the uninsured driver claims process or file a lawsuit against the uninsured motorist on your behalf. Call us today for a free consultation.
Consequences of an Accident with an Uninsured Driver
Georgia is an at-fault state. This means that in the event of a serious accident, you submit your claim to the at-fault party’s insurer. If the motorist who caused the accident doesn’t have car insurance or just has the bare minimum required by the state, you may have to find another way to obtain compensation for your loss or damages.
Georgia being an at-fault state makes it more difficult to receive the compensation you deserve if you are hurt in an accident involving an uninsured or underinsured driver. If Georgia were a no-fault state, you’d file your claim with your own insurance company regardless of who’s at fault. However, there’s no need to worry because you still have options.
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Uninsured Motorist Protection Coverage
Typically, when you are in an accident, and it’s the other party’s fault, their insurance company will pay for your medical bills, property damage, and other losses. When the at-fault party is uninsured, you may have to pay for the damages out of pocket. The good news is that you can add uninsured motorist coverage to your policy to avoid this situation.
Uninsured motorist coverage will protect you in the event of an accident involving an uninsured driver. We strongly recommend adding this cover to your auto insurance policy. Depending on your car insurance policy, uninsured motorist coverage may include:
- Bodily Injury: Uninsured motorist coverage will pay the medical bills that you incur as a result of the accident. In some cases, the cover may also extend to passengers in the vehicle.
- Property Damage: after an accident with an uninsured driver, the coverage will pay for damage to your vehicle.
Is Uninsured Motorist Coverage Mandatory in Georgia?
No, uninsured motorist coverage is not required in Georgia. However, insurance providers are required to offer drivers, uninsured motorist coverage. As a motorist, you can choose to reject uninsured motorist protection coverage, but you must do so in writing, which means that you may have this coverage and not even realize it.
Uninsured motorist coverage is your only avenue for recovering damage from your insurance company after an accident with an uninsured driver. In this case, all you have to do is commence the claims process with your insurance company. You’ll need to have evidence to prove the uninsured driver’s liability for the accident.
Issues You May Face with Your Uninsured Motorist Claim
While it’s not required by law, adding uninsured motorist coverage to your auto insurance policy is necessary. In the event of an accident where the at-fault driver is underinsured or has no insurance at all, you may be able to pursue a claim with your own insurance company. But it’s not always that easy.
Even though you pay the premiums every month for this coverage, your insurance company is not on your side. Instead of paying fair compensation for your losses, the insurer’s main goal is to protect their bottom line by paying you as little as possible. They will try to get you to accept a small amount and threaten to build a case against you if you don’t.
After an accident with an uninsured motorist, your best option is to hire an experienced Ellenwood uninsured motorist accident attorney to make sure that you get the most out of your claim. Your lawyer will handle all the legal work and negotiate on your behalf to ensure that you get the settlement you deserve.
What If I don’t Have Uninsured Motorist Coverage?
If you do not have uninsured motorist protection coverage, your only option for obtaining compensation for your losses is to file a negligence lawsuit against the uninsured driver. Your uninsured motorist accident lawyer in Ellenwood will file the lawsuit on your behalf and help you pursue compensation from the uninsured motorist.
Filing a Negligence Lawsuit Against an Uninsured Driver
In Georgia, if you are hurt in a car accident caused by carelessness, you can file a negligence lawsuit, whether or not the other party has car insurance. So, yeah, you may be entitled to sue an uninsured driver for negligence. To successfully file a negligence lawsuit against a driver, you will have to demonstrate that:
- The driver owed you reasonable duty of care
- The driver was in breach of that duty of care
- Their actions led to an accident that resulted in injuries
- The injuries led to compensable damages.
Everyone owes a duty to all other persons to use reasonable care to avoid causing injury to them or their property. In Georgia, courts interpret duty of care as avoiding behavior that would needlessly put others in harm’s way. For instance, you may be deemed to have breached the duty of care if you fail to yield at an intersection, run a red light, exceeding the speed limit, etc.
Contact Our Uninsured Motorist Accident Lawyers in Ellenwood, Georgia
According to the Insurance Information Institute (III), an estimated 12.4% of motorists on Georgia roads and highways are uninsured. An uninsured or underinsured motorist lacks the appropriate coverage to compensate you if you are hurt in a serious car wreck. However, you may still be able to recover compensation from your insurance provider.
At John Foy & Associates, our experienced uninsured motorist accident lawyers can help you seek compensation if you were hit by an uninsured driver. Our uninsured motorist accident attorneys in Ellenwood can recoup compensation for property damage, lost income, and medical expenses. Contact us for a free consultation with a knowledgeable and friendly uninsured motorist accident lawyer.