So many car accident claims hinge on the at-fault driver having liability insurance. However, when the driver is uninsured, it can present a unique challenge. You still have options for compensation, but the process may be more difficult. An car accident lawyer in Woodstock could be crucial for your case.
Learn more about how accidents with uninsured drivers work in Georgia and what an attorney can do for you. When you’re ready to talk to someone about what you can do to get compensation, you can get a free consultation with us at John Foy & Associates.
What to Do After an Accident With an Uninsured Driver
As with any other car accident, the first thing you should do after a crash is to make sure you’re safe. Pull your car to the side of the road, remove yourself from any dangerous environment you might be in, and get medical assistance ASAP. If you wait, your injuries could become worse.
Past looking out for your physical wellbeing, there are some steps that you can take to protect your claim and make sure you have a good chance of getting compensation. If you’ve been in an accident with an uninsured driver, you should:
- Call the police and get an accident report. You’ll need an official report of the accident for your own insurance purposes and for any legal action you decide to take. The officer on the scene will usually give you one, but if they don’t, you can get it from the nearest police station.
- Get the other driver’s information. Even though the other driver may not have insurance information, you’ll still need their name, their license plate number, and a way for you and your lawyer to get in contact with them.
- Gather any evidence you can. Take pictures and videos of the scene of the accident, and talk to anyone who saw what happened to get their contact information. You can also help your claim by writing down what you remember happening while the memory is still fresh in your mind.
- Be careful what you say. If the other driver is uninsured, it’s unlikely that they will hire a lawyer who will fight your claim. However, you should still watch what you say to keep another party from twisting your words against you and decreasing your compensation.
- Get in touch with a Woodstock uninsured motorist accident attorney. A lawyer will be able to look out for your best interests and make sure you’re doing everything possible to recover compensation.
If you’ve been in an accident and are on the fence about hiring an attorney, you can always get a free initial consultation from our firm. Someone from our team can talk with you about your accident and what your options are to recover damages.
Georgia’s Car Insurance Requirements
Georgia requires all drivers in the state to have a certain amount of car insurance, according to the Official Code of Georgia Annotated (OCGA) § 40-6-10. Some people, of course, do not obey the law. Just because Georgia has car insurance requirements does not mean the person at fault in your accident will be insured.
Georgia is what is known as a 25/50/25 state, which means the minimum car insurance requirements are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
The Georgia Office of the Insurance and Safety Fire Commissioner outlines the full insurance requirements for drivers in the state. If someone drives without at least the required minimum coverage, they could be subject to fines or license revocation.
What Happens If the At-Fault Driver doesn’t Have Insurance?
It’s fine enough that Georgia imposes minimum limits, but if the driver that hits you is uninsured, you could still see the consequences of their failure to follow the law. When dealing with an uninsured driver, it’s often more difficult to get full compensation than it is from insured drivers. It’s not impossible, though, especially with an experienced attorney.
When it comes to auto insurance, there are fault-based states and no-fault states. Georgia is a fault-based state, which means the at-fault party’s insurance covers all the damages. That means if the at-fault party doesn’t have insurance, you have to find another way to get compensation.
One common way that car accident victims get compensation in these situations is uninsured/under-insured motorist coverage (UM/UIM). This is an optional part of many insurance plans that compensates a driver when the other party doesn’t have insurance or if the other party’s insurance doesn’t cover 100% of the damages involved.
If you don’t have UM coverage, there are still avenues you can take with the help of a lawyer. Your best option is likely to file a lawsuit, which can be a long and arduous process, but worth it if you get compensation for your damages.
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Talk to an Uninsured Motorist Accident Attorney in Woodstock for Free
Just because a driver without insurance is harder to get compensation from doesn’t mean it’s impossible. An experienced Woodstock uninsured motorist accident lawyer from John Foy & Associates can help you take any option necessary to recover funds for your damages.
Call us or contact us online for a FREE initial consultation. Our attorneys are on call to help you today.
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