Being in a car accident in Suwanee is stressful enough, but it becomes even more worrisome if you find out he other driver doesn’t have insurance. Although it’s illegal to drive without insurance in Georgia, many drivers still take the risk.
After an accident, this can leave you, as the other driver, worried you’ll never recover money from injuries or damage you suffered in the accident. But all hope is not lost. This is where it’s a good idea to call a Suwanee uninsured motorist accident lawyer.
At John Foy & Associates, we’ve worked countless cases with clients who found themselves in an accident with an uninsured motorist. Recovering money from someone without car insurance is possible, but it’s very hard to attain without legal counsel. We bring over 20 years of experience to the table to help you through this difficult and confusing situation.
Let us offer you a FREE consultation call to discuss the details of your accident. Call us at 404-400-4000 or complete the form to the right for your free consultation.
If the Other Driver Is Uninsured, Should I Still Call the Police?
After any car accident, always call the police. Even if the other drive doesn’t not have insurance, they are still liable if they were at fault in the accident. And if the driver isn’t insured, they may try to persuade you to settle the accident on the scene without police or insurance getting involved. They may even offer you cash to “settle” any repairs. Although this may be tempting and less troublesome, it’s never a good idea.
Even if damage doesn’t look that bad or injuries seem small or non-existent, there could be hidden structural damage, unseen repair needs, or injuries that haven’t yet surfaced from the crash. Calling Suwanee police is the best protection for you, your health, and your finances.
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Can I Still Get Money If the Driver Is Uninsured?
You might assume that if the driver is at fault and doesn’t have insurance, you won’t be able to get anything out of the accident. But this isn’t true—and assuming so can be detrimental to you. Under Georgia law, the uninsured driver is still liable and you still have certain protections in these situations.
There are two ways you can still get money if the other driver is uninsured:
- The most common way to recover money is through uninsured motorist (UM) insurance. In Georgia, insurance companies are required to include this coverage in your policy unless you opt out of it—so you likely already have it, even if you didn’t know it. UM insurance will, in most cases, pay for your costs up to a maximum amount if you were in an accident with an at-fault uninsured driver.
- Another way to recover money from an uninsured motorist accident is through legal action against the driver. You can pursue a claim against the driver for what you’re owed. Usually this is over time through a payment plan or through other avenues like liens or garnished wages. This route takes longer for you to receive the total you’re owed.
These also apply if the other drive has insurance but it’s not enough to cover all of costs owed to you. This comes through underinsured motorist (UIM) insurance. If you have UM, you typically also have IUM insurance.
Pursuing UM/UIM insurance is usually the best option when dealing with an uninsured motorist claim. There is one downside, however: Because of the complexity of these policies, your insurer may make it hard for you to collect as much as you deserve. This is where a good uninsured motorist accident lawyer can help you work through the policy and file your claim in the best way.
With help, you’ll likely be able to recover all of the money you owed, or at least a large portion of it, through one or both of these options.
How Much Insurance Are Motorists Required to Carry in Suwanee?
Under Georgia law, all drivers must have at least this minimum amount of auto insurance coverage for their vehicle:
- Bodily Injury Liability: $25,000 per person and $50,000 per accident
- Property Damage Liability: $25,000 per person
- Uninsured Motorist Bodily Injury: $25,000 per person and $50,000 per accident
- Uninsured Motorist Property Damage: $25,000 with a $250, $500, or $1000 deductible
However, the uninsured motorist coverages can be rejected, which is why working with a good attorney can help.
Will I Have to Go to Court?
Even if you have UM and UIM coverage, there are times when costs are larger than what your insurance will pay. In this case, you will need to file a legal claim against the driver themselves in the county courts to seek damages.
If you do this, here’s what can happen:
The other driver may be able to initially pay you some money out of pocket.
After out of pocket payments have been made, the driver’s wages may be garnished. Before they get paid, you receive a portion of their check.
A lien may also be applied to any of the other driver’s large assets, such as their home. That means if they sell the home or other asset and money is still owed to you, you receive the owed amount from the sale.
This is best considered a secondary option after other avenues have been used, as it can be very slow and take months or even years to get you paid. You should also pursue it with the help of an experienced attorney on your side. Working with an attorney often means you won’t have to go to trial to get the money you deserve.
Talk to a Suwanee Uninsured Motorist Accident Lawyer for Free
If you’re dealing with a situation involving an uninsured motorist, don’t try to navigate the situation alone. At John Foy & Associates, we’re always on your side—and we know how to win cases. We’ll walk you through the most effective steps for pursuing an uninsured driver for the money you need to recover from the accident.
And we do it risk-free: You don’t pay unless you get the money. Call us today for a FREE consultation: 404-400-4000 or fill out the form to the right. Schedule your free consultation so we can start discussing your case and how we can help.