The nonprofit Car Insurance.org estimates that 12% of Georgia drivers are not insured. That’s an appalling statistic for those of us who follow the rules of the road. In addition, many who have insurance carry only the minimum and are grossly under-insured. Getting injured by another driver is traumatic enough, but when that driver has no or little insurance you are left vulnerable, hurt and alone.
According to the Pew Charitable Trusts, drivers often don’t have insurance because they can’t afford it. That makes sense–a driver may think he has nothing else to lose. That makes it difficult to go after their assets in a personal injury case.
You need legal representation. This is no ordinary claim between financially responsible parties. Give one of our Uninsured Motorist Accident Attorneys a call at John Foy & Associates at 404-400-4000.
I was injured in a car accident and the driver had no insurance. What should I do?
If you or a loved one has been injured in any car accident, you should do the following:
- Call the police or law enforcement and have them make a report. This will serve as a record of the accident.
- Exchange information with the other driver, if you can. Do not engage or quarrel with the driver. Just get the facts. Sometimes drivers don’t have insurance because they don’t have a license.
- Take as many photos as possible and write down the names and numbers of any witnesses.
- Do NOT make a recorded statement to any insurance company, including your own, without first consulting a personal injury attorney.
- And certainly get medical help if it’s required.
If you suspect the responsible driver has no insurance, you need help from an experienced personal injury attorney. You won’t have many allies or places to turn when your medical bills start to stack up.
What is the law in Georgia for uninsured motorist (UM) & under-insured motorist (UIM) insurance policies?
The state of Georgia requires all drivers to carry auto insurance. Unfortunately, the insurance requirement is quite low. Drivers are required to carry the minimum of $25,000 for Bodily Injury Liability of $25,000 per person, $50,000 per occurrence and Property Damage liability of $25,000 per occurrence. Anyone who has been injured in an auto accident knows that $25,000 doesn’t go far when paying for a moderate or severe injury. Unfortunately, that’s our law.
This means if you break your leg and the medical bills are $50,000, the under-insured driver’s policy will pay out for $25,000 and you will be responsible for the other $25,000 amount.
We urge all our clients to purchase additional auto insurance coverage for uninsured motorists and under-insuredmotorists (UM).
A personal injury attorney can assist in a claim against the driver, even if he appears to have little or no assets. Give us a call at John Foy & Associates, 404-400-4000 and let’s take a look at your options.
What’s the difference between an uninsured motorist claim and under-insured motorist claim?
An uninsured motorist claim is filed when a negligent driver is illegally driving without insurance. An under-insured claim is filed when a motorist has a minimal amount of insurance and the policy does not cover the injuries or physical damages of the accident.
The insurance company is stating that their client is only insured for a limited amount. Should I take the settlement?
You should NEVER agree to an insurance company settlement for an injury accident without first consulting a personal injury attorney. Once you agree to take the settlement, you are closing the door on getting any more money for this accident. Often we find that people take a settlement even before they understand the full extent of their injuries. There may also be other policies you can recover from but may not be aware of at the time.
Don’t shut the door on possible damages by taking a settlement without talking to John Foy & Associates. Give us a call at 404-400-4000. We’ll give you an honest assessment of your case and it won’t cost you a penny.
What if the driver who hit me is in jail–do I have any way of getting money from him?
A driver without insurance may also not have a license. He or she may have been drinking and illegally driving. If the driver who hit you is in jail, you can still file a personal injury claim against him. In fact, drivers who break the law are potentially liable to pay additional damages, called punitive damages—which are meant to punish the offender.
I have uninsured/under-insured coverage. Do I need an attorney if my own insurance company can cover me?
Please consult a personal injury attorney who has experience dealing with insurance companies, even if your own insurance policy will cover the damages. We’ll help you take a look at your policy and work with your insurer to make sure you get the best possible settlement.
Remember that an insurance company always wants to settle for the least amount of money in the quickest fashion. You may not even know the full extent of your injuries when you are presented with their best offer.
Why should I consult with an Atlanta personal injury attorney if I was injured by an uninsured motorist?
You have been injured by an uninsured motorist. That means you are dealing with someone who is vastly irresponsible. No one should be driving without the proper coverage.
Even with your own UM coverage, you will be dealing with your own insurance company. As longtime personal injury attorneys we are painfully aware that insurance carriers’ first loyalty is to the company, not the client. Arm yourself with the guidance of an Atlanta personal injury attorney before you go up against these opponents.
At least get a free consultation from our experienced staff. We’re available at 404-400-4000.
What type of compensation can I receive?
In all personal injury accident claims you are eligible to receive payments for all reasonable and necessary medical costs resulting from the accident, including future costs. If you lose time off of work, you are eligible for lost wages and income if properly documented. And you are eligible for pain and suffering damages.
Will my insurance rates increase if I file an uninsured motorist (UIM) claim?
According to Georgia law, your insurance rates cannot increase if you file against a negligent motorist. In short, if the accident was not your fault, your insurance company cannot raise your rates for filing a UM claim. You have paid your premium to cover such a situation.
How much will the attorney fees cost?
Plaintiff attorneys work on a contingency fee basis. That means you as a client would pay nothing up front. The typical fee is between 33%-40% of recovery. If there is no settlement, the firm is will absorb the costs.
How can John Foy & Associates help me if I was injured by an uninsured motorist?
John Foy & Associates is a long-time personal injury law firm securely at home in Atlanta and throughout Georgia. We are part of the community; you may have seen our founder, John Foy, on TV as part of many charity causes. John Foy founded our firm because he wanted to devote his career to helping people who have been injured by another’s negligence.
As auto accident attorneys, we’ve seen our share of clients who have been injured by uninsured and under-insured drivers. We know how to look for other forms of payment. For example, if the at-fault driver lives at home, a parent’s insurance carrier may cover him or her. Drivers also may have assets which could be recoverable. In a worst-case scenario, we can help you find help through other agencies.
Give our uninsured and under-insured motorist accident attorneys a call at 404-400-4000. We are available 24 hours a day, every day of the year.