In Atlanta, encountering uninsured or underinsured drivers is an unfortunate reality, and often, those who are insured lack sufficient coverage for a typical accident. If you’ve been injured by such a driver, remember—your rights are fully protected, and compensation is still achievable.
It’s essential to consult with an Atlanta uninsured and underinsured motorist accident lawyer.
Our team is here to assist. As experienced Atlanta personal injury lawyers, we understand how to secure compensation for your injuries and vehicle damage, regardless of the other driver’s insurance status. We offer a free consultation to discuss your case and outline your options.
Atlanta Insurance Requirements
In Atlanta, the law mandates that every car owner maintains a minimum level of insurance as outlined in Georgia Code §33-7-11, which includes:
- At least $25,000 in bodily injury insurance per victim
- At least $50,000 in total bodily injury insurance
- At least $25,000 in property damage insurance
When an at-fault driver’s insurance is supposed to cover injuries and damages from an accident, these minimums may not suffice, rendering the driver “underinsured.”
Furthermore, some drivers illegally forgo insurance altogether, becoming “uninsured” drivers. Victims of accidents involving uninsured drivers often need to explore alternative methods to seek compensation for their injuries and damages.
Yes, You Can Still Get a Settlement
Even if you are involved in an accident with an uninsured or underinsured driver, you still have the right to a settlement. This situation typically requires the driver to pay for the costs personally.
However, securing the compensation you need can be challenging, as many drivers lack the financial resources to cover substantial settlements, particularly if they are uninsured.
This complexity often necessitates a rigorous approach with the insurance company to cover your medical bills and other damages.
Filing an Uninsured/Underinsured Motorist Claim on Time
In general, you have two years from the date of your accident to file a compensation claim in Georgia. However, uninsured and underinsured motorist claims can be more convoluted.
Your personal uninsured motorist coverage (UM/UIM) policy may include additional deadlines. To ensure you meet all requirements, it’s best to have an attorney review your policy.
Contact our Atlanta uninsured and underinsured motorist accident attorneys for assistance dealing with the legal system. Delaying your claim could result in losing your right to pursue compensation altogether.
Kinds of Injuries Covered in Uninsured Motorist Accident Claims
Virtually any injury caused by an accident can be covered, regardless of whether the at-fault driver had insurance. Accident victims should know that some of the most common car accident injuries include:
- Head injuries, such as concussions and traumatic brain injuries: These can have long-lasting effects and require immediate attention.
- Neck injuries, such as whiplash: Often underestimated, these injuries can lead to chronic pain if not treated promptly.
- Spinal cord injuries: These serious injuries can result in lifelong complications and need urgent medical care.
- Broken bones: Fractures can severely impact mobility and require proper medical treatment for recovery.
- Muscle and joint injuries: These injuries can limit your range of motion and should be addressed quickly to avoid long-term issues.
Accident victims should always see a doctor as soon as possible after an accident. Immediate treatment can prevent injuries from worsening and increase the chances of a full recovery. Of course, these injuries often result in medical bills that are expensive.
Fault in Atlanta Uninsured Motorist Cases
The “at fault” driver is the one whose actions caused the accident. Typically, accidents could have been avoided if the driver had been more cautious, obeyed traffic laws, or practiced safe driving behaviors.
Negligent behaviors that can lead to accidents include:
- Texting while driving: Diverts attention from the road.
- Speeding: Reduces reaction time and control.
- Tailgating: Increases the risk of rear-end collisions.
- Aggressive lane changes: Can cause sudden and unexpected movements, leading to accidents.
A negligent driver may not have intended to cause harm, but they are still responsible for all resulting damage and injuries. Whether the driver is an uninsured driver or fully insured, fault is determined by their actions, not their insurance status.
If you’ve been in an accident caused by negligence, contact an uninsured motorist accident lawyer in Atlanta, GA, to ensure you receive the compensation you deserve.
When You Are Partially Responsible for the Accident
In many motor vehicle wrecks, both drivers may share some responsibility for the crash. Fortunately, Georgia law allows you to seek compensation as long as you are not more than 51% at fault.
Under Georgia Statute §51-12-33, your compensation will be reduced by your percentage of responsibility. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
When pursuing compensation from an insurance company, especially if the other driver is uninsured or underinsured, every bit of compensation matters. This is why having a skilled Atlanta personal injury attorney is imperative.
The Value of Your Uninsured/Underinsured Driver Claim
Georgia operates as a “fault state” for car crashes, meaning the driver at fault is responsible for all costs and damages. This rule applies even if the motorist is uninsured or underinsured—they are still liable. Common costs and damages include:
- Medical expenses: Covering the cost of your immediate and ongoing medical bills.
- Prescription medication: Ensuring you have the necessary drugs for your recovery.
- Physical therapy or rehabilitation: Helping you regain your strength and mobility.
- Car repairs or replacement: Addressing the damage to your vehicle.
- Lost wages: Compensating for the income you missed due to the accident.
For severe accidents, additional compensation may be available for pain and suffering, long-term disabilities, or other significant injuries. Financial compensation can alleviate stress, allowing you to focus on your recovery and access the care you need.
Contact an uninsured motorist accident attorney in Atlanta, GA, to ensure you get the compensation you deserve.
How an Atlanta Uninsured and Underinsured Motorist Accident Attorney Can Help You Get Compensation Even When There Is No Insurance
When a driver has insurance, recovering money is relatively straightforward. You file a claim with the insurance company, negotiate, and usually receive payment.
Uninsured and underinsured motorist cases are more complicated, requiring alternative methods to secure the compensation you deserve. Some of these methods include:
- Making a claim against the uninsured motorist coverage of your own auto insurance: This helps cover your damages within your policy limits.
- Finding other insurance policies that provide coverage for the accident: This can uncover additional sources of compensation.
- Getting a court order requiring the other driver to pay you out of pocket: Ensures the at-fault driver contributes financially to your recovery.
- Putting a lien on the other driver’s car, home, or other assets: This secures your right to payment by leveraging the driver’s assets.
These procedures often involve thorough investigation and legal proceedings. Most people aren’t equipped to handle this alone, especially while coping with serious injuries.
A personal injury attorney in Atlanta can explore all avenues within policy limits, making the process as stress-free as possible and increasing your chances for full financial recovery.
Talk to an Atlanta Uninsured/Underinsured Motorist Accident Lawyer for Free
Our Atlanta uninsured and underinsured motorist accident lawyers have decades of experience recovering money for uninsured motorist claims. We operate on a contingency basis, meaning you don’t pay unless we secure compensation for you.
Take advantage of our FREE, no-obligation consultation to discuss your case and learn how we can help. Call us to schedule your free consultation today. Let us fight for the compensation you deserve and guide you through every step of the process.