Most car owners in Carrollton carry the insurance that is required by law. Unfortunately, not all motorists do—and others don’t carry enough to cover the full cost of an accident. In many cases, it is the same drivers who are irresponsible enough to drive without insurance that end up at fault for serious accidents, and that can put your rights in jeopardy. Don’t allow someone else’s bad choice to deprive you of the financial recovery you deserve. You need to talk to a Carrollton uninsured motorist accident lawyer.
John Foy & Associates is the law firm that stands up for accident victims. We have a history of winning cases against uninsured motorists that stretches back more than 20 years—and we always work for the victim, never the at-fault party or their insurance company. We know that you have options even when there’s no insurance money, because we’ve helped countless accident victims get paid anyway. Let us give you a FREE consultation with our attorneys to help you start your claim right. Call us at 404-400-4000 or fill out the form to the right to get your free consultation today.
How do I know if the other driver has enough insurance to cover my claim?
The short answer is, you never truly know until you have submitted a claim and your lawyer starts negotiating your financial recovery. However, you’ll often have a good idea long before then—often even at the scene of the accident.
From the start, there are two different possibilities to deal with: the driver is completely uninsured, or their insurance simply isn’t enough to cover your needs (“under-insured”):
Uninsured drivers do not have any auto insurance at all, or their policy is expired or past due, meaning the insurer won’t actually cover a claim. These drivers are breaking the law, but that doesn’t make it any easier to get money. In these cases, we will start by looking at your own uninsured motorist insurance, as well as ways to get you paid directly by the driver themselves. This takes time, but it’s more effective than you think.
Under-insured drivers have insurance, but the policy limit is so low that the insurance doesn’t cover all of your costs. Many Carrollton drivers only carry the minimum required insurance, which means $50,000 liability coverage per victim and $25,000 in collision coverage. That may be enough to pay out a fender-bender or mild whiplash claim, but any kind of serious accident will often exceed this amount.
There are several ways you may be able to tell if a driver has enough insurance or not:
They don’t want to call the police.
Most people understand that the police must be called for any car accident (indeed, in most cases it’s required by law in Georgia), and they know they need a police report If someone doesn’t want to call the police, it doesn’t necessarily mean they’re uninsured, but it’s rarely a good sign.
They don’t want to involve insurance.
Some people try this just because they don’t want their premiums to go up. But most of the time it means they don’t have insurance at all. Be careful—even the best-intentioned motorist usually can’t pay out of pocket very easily.
Directly ask them.
If the other driver is resistant to sharing insurance information, simply ask them if they carry insurance or not. You’d be surprised how many drivers will freely admit this. Get their other contact information anyway, and call the police like any other accident.
Of course, getting an answer isn’t always that straightforward. The best way to get answers is to have a car accident lawyer contact the insurance company and start the claim process.
How much money can I get from an uninsured motorist in Carrollton?
Legally, you have the same rights whether the driver was insured or not. You can recover 100% of your costs, plus additional money for pain and suffering and other losses.
Getting the money, however, can be more difficult—but not impossible. Here are the avenues we use to recover money for victims of uninsured drivers:
Your own car insurance.
You may not know it, but many car insurance policies in Carrollton include “uninsured motorist insurance” (UMI). In fact, Georgia law requires insurance companies to include this coverage unless you specifically opt out of it. If you have UMI, it means that your own policy will pay your accidents costs up to your UMI limit. This is true whether the other driver has no insurance, or only enough insurance to cover part of your costs.
If we secure a judgment against the other driver in the court system, the courts can also order enforcement. One of the simplest ways to do this is by “garnishing” the uninsured driver’s wages, or taking money out of every paycheck to pay you back. This approach means it takes time to recover the full amount you deserve, but it also makes it possible for even lower-income motorists to pay the amount off over time.
Imposing a lien.
A lien is basically a binding legal decree placed directly on the uninsured motorist’s property (such as their home). If they ever sell the property, the amount they owe you comes directly off the top before they get any of the money themselves. This can be used together with garnished wages to make it even more likely you get paid.
No one likes taking these legal steps against another person, but the driver who hit you made a reckless choice—and it’s not fair for you to be the one left with thousands of dollars of costs. Our attorneys can help you get paid.
Talk to a Carrollton Uninsured Motorist Accident Lawyer for Free
Never give up your rights in a car accident, even if the driver who hit you is uninsured. John Foy & Associates can help you get the money you deserve as quickly and reliably as possible. Let us give you a FREE consultation. Call us at 404-400-4000 or fill out the form to the right to set up your free consultation right away.