Uninsured motorists are everywhere in Georgia. According to some estimates, about 1 in 8 Georgia drivers lack the required liability insurance—and this number doesn’t account for the millions of people who come up from Florida or from other states who also lack insurance. Having an accident with an uninsured driver is potentially devastating.
At Griffin Law Firm, P.C., our award-winning Snellville car accident lawyer can help accident victims navigate the claims process. In this article, we look at what to do when hit by an uninsured driver. If you are feeling overwhelmed, please call us to schedule a consultation.
What Insurance Applies to an Accident with an Uninsured Driver?
Georgia law requires that all motorists carry liability insurance. This policy will pay benefits to anyone injured when the policyholder is at fault for the crash. However, if a driver didn’t buy a policy or let it lapse, then there is no liability coverage to pay for the victim’s damages.
Injured victims have options. One is to turn to your uninsured motorist coverage. This is insurance you carry and pay for. It pays compensation if a negligent motorist crashes into you.
Uninsured motorist coverage in Georgia is not required. But an insurer must offer it as part of your policy when you buy the required liability insurance. See O.C.G.A. § 33-7-11. As a result, you’ll have uninsured motorist insurance (called “UM” coverage for short) so long as you did not decline it in writing.
What Does Uninsured Motorist Coverage in Georgia Pay For?
This insurance will cover damages related to bodily injury or death:
- Medical bills to treat injuries suffered in a crash. These expenses include trips to the doctor’s office, x-rays, surgery, time in the hospital or intensive care unit, prescription drugs, and rehabilitation.
- Lost wages when bodily injuries keep a victim from going to work. Even someone who is self-employed could request compensation for their lost income.
- Pain and suffering compensation. Injuries leave our clients with searing pain, headaches, sleeplessness, and emotional distress. Some people are afraid to get back in a vehicle and show signs of post-traumatic stress disorder. You should receive money for this pain and suffering.
Even relatively minor accidents will cause victims to lose thousands of dollars in medical bills and lost wages. It’s great that most drivers have UM coverage to step in and cover these losses.
There’s A Catch…
When it comes to uninsured motorist coverage in Georgia, there’s a catch: This is still fault-based insurance. Even though you pay the premium each month, your UM insurer will not pay benefits if you are to blame for the accident.
Suppose you run a red light and crash into another car. You are to blame, so your UM coverage won’t kick in because the uninsured driver was not at fault for your injuries.
You can use this insurance only for a car accident with an uninsured driver at fault for the collision. The main goal for anyone who is hurt in this type of wreck is to find evidence to establish fault.
What if You Don’t Have UM Coverage?
Some drivers decline UM coverage in writing. That means you will need to turn to other sources of support after a wreck. Options might include your health insurance to pay for medical care, as well as collision coverage to pay for car repairs. Another option is to sue the at-fault driver personally and try to collect on a court judgment.
In our experience, it is much harder to receive compensation when there is no applicable insurance policy.
What to Do When Hit by an Uninsured Driver
Because of how UM coverage works, you need to fully document the accident to prove you are not at fault. We recommend that you take these immediate steps after a collision:
- Report the collision to the local police. They should send an officer to the scene of the accident to talk with the drivers and create a crash report.
- Ask the other driver for license and registration information. Remember to share your own. This information is necessary for making a claim.
- Speak with witnesses and otherwise document the accident. You can take photographs of every vehicle involved, with close attention to dents where the vehicles impacted each other. You should also ask a witness for a way to contact them in the future.
- Avoid admitting fault for the crash. Maybe you were looking down and adjusting the dials on the radio when you were rear-ended by a car. There’s no reason to admit to this fact as you wait for the police to arrive.
Protect Your Rights Moving Forward
Victims should take other steps, too, in the coming days and weeks. These steps will help strengthen your hand in negotiations with the insurance companies:
- Continue with all recommended medical care. Car accidents cause serious injuries, but often, quality medical care will put you on the road to recovery. A defendant can even argue you deserve less compensation if you decide to quit rehab early.
- Never accept a settlement offer from the defendant or their insurer without having a lawyer review it. Early offers are almost always too low. Even your uninsured motorist insurer will try to nickel and dime you when it comes to a settlement.
- Hire an experienced lawyer to handle your claim. It is so much easier to focus on healing when someone else is taking phone calls from insurance adjusters and filling out endless forms.
Speak with an Experienced Snellville, GA Car Accident Lawyer
Car accidents are terrifying experiences. But the nightmares really begin when the at-fault driver lacks insurance coverage. Suddenly, you are staring down massive medical bills with possibly no ability to pay for them.
Contact us to speak with someone at our office about your case. Our team at Griffin Law Firm, P.C. can discuss any accident with an uninsured driver and help you understand your rights in the process. We have built our reputation for tough negotiation, and we are happy to offer our services to those in our community.