I Was Hit by an Uninsured Driver – What do I do?
Georgia has been inundated with fast cars and people living the fast life. You know this because you were hit by someone who was seemingly in a huge hurry. As if things couldn’t get any worse, this driver at fault is not insured. In Georgia, all motorists should have insurance. That doesn’t mean they all do. You need to contact an uninsured driver attorney.
Minimum Liability Insurance Required
The other driver’s liability coverage is the main source of compensation when a collision results in injuries or property damage. To travel on our state’s public roads and highways, Georgia drivers must possess liability insurance that satisfies the minimum amounts allowed by law. If you hurt someone or their property is destroyed as a result of an accident or other incident where you are found to be at fault, liability insurance is there to pay compensation on their behalf. Per Section 40-6-10 of the O.C.G.A., this is allotted as follows:
- $25,000 for each person’s physical harm;
- $50,000 per accident for injuries to people; and
- Property damage per accident is $25,000.
You would think that the driver’s insurance provider who was at fault in the collision should reimburse you for all costs. That would definitely occur in an ideal situation. In addition to a large number of uninsured drivers on the road, it’s possible that the driver who hit you is underinsured and didn’t have adequate insurance to cover the cost of the damage to your vehicle or you.
Making a Claim under UM/UIM Insurance
If you find yourself in a car accident with a driver who was uninsured, you may be able to get financial compensation through your own uninsured motorist (UM) or underinsured motorist (UIM) policy. If you have UM/UIM coverage, you can claim compensation for losses incurred in a vehicle driven by a person who doesn’t have enough liability insurance.
This is frequently the best choice when seeking compensation following an accident involving an uninsured motorist. All too often, interacting with one’s own insurance provider can be difficult for many people. This is especially true in a time when they should be focused on recovery. A knowledgeable Georgia motor vehicle accident attorney will assist you if you have any queries about UM/UIM claims.
Do This Right After a Car Accident
Insured or not, you should do the following:
- To report the accident to the police, dial 911.
- Get contact info from the driver involved. Be gracious, but do not admit fault!
- See a doctor and save the documentation given.
- Contact a lawyer experienced in uninsured motorist claims to represent you in negotiations with the insurance provider
Needless to say, if you are an uninsured driver, do not hit and run! This will only make a bad situation worse. If you are at fault but don’t have an insurance policy in place to cover those losses, you’ll probably be personally responsible for paying for any injuries and vehicle damage that arise from the collision if you’re determined to be at blame.
Your inability to obtain compensation for your injuries and associated losses in the event that the other driver was at fault may be hampered by the fact that you lack insurance.
Benefits of Hiring a Personal Injury Lawyer
It is best to avoid communication with your insurance company before hiring a lawyer to represent you. The insurance provider will probably make an effort to lower your payout or completely reject your claim. These companies aim to protect their interests, so it is best to retain an attorney to protect yours.
Common Questions:
Are there penalties for driving without a license?
Under Georgia state law, O.C.G.A. § 40-6-10, it is illegal to operate a motor vehicle without having proper insurance. Whether the other driver owns the car or not is irrelevant. The car must be insured, at the very least, to the minimum level needed by the state.
Driving without insurance in Georgia carries a fine of up to $1,000 and a potential jail sentence of up to 12 months. Additionally, your license may be suspended for a maximum of 90 days. This is classified as a misdemeanor.
Can I sue the driver who is at fault?
You can sue the driver directly. It is important to remember that some jurisdictions have no-fault laws, which prevent you from using the driver and require you to utilize your own insurance. Georgia, on the other hand, does not adhere to such rules because it is not a no-fault state.
Even if the negligent person doesn’t have motor insurance, they may still be held liable. However, if the driver does not have the means to compensate you adequately, you may find it more beneficial to file a claim with your insurance provider if you choose uninsured motorist coverage.
How do I prove my case against this uninsured driver?
Proving your case will involve establishing the existence of the following:
- The uninsured motorist had a duty of care
- The uninsured motorist breached that duty
- This breach caused damage
It’s best to engage a personal injury lawyer well-versed in this area of law. If you sustained injuries at the hands of an uninsured driver, you might have a claim. Schedule a consultation with an attorney at Jaraysi Law. We can assess your matter and advise you of your steps going forward. We also offer representation in other areas of law.
We will fight passionately for you to secure a just settlement. Contact us and talk to us about your case.