Suing an uninsured driver could be worth it if you can collect what they owe you. Drivers without auto insurance typically don’t have the money to cover accident losses. This means you could have a hard time getting paid, even if you win your case.
The idea of walking away empty-handed after trying to sue an uninsured driver can be stressful. Still, all may not be lost. An Atlanta uninsured and underinsured motorist accident lawyer can explain other options for financial recovery and help you navigate this challenge.
Consider Other Options if You Can’t Sue an Uninsured Driver
After an accident with an uninsured driver, you have a few options that don’t involve trying to recover money from the person who hit you. You could:
File a Claim for Damages From Your Auto Insurance Policy
Georgia does not require drivers to buy uninsured/underinsured motorist (UM/UIM) coverage. However, the state requires insurance companies to offer it. If you have this add-on coverage, you might be able to claim damages against it.
It could cover your out-of-pocket costs, such as auto repairs, medical bills, lost income, and pain and suffering, without going to court. It is important to note that the minimum limits for UM/UIM coverage are the same as Georgia’s minimum liability limits.
You can opt for higher limits. If you file a claim, you must prove the other driver was at fault for the accident.
Pursue Damages from Other Parties Involved in the Crash
You might be able to file an insurance claim or lawsuit against a third party for their role in the car accident. A lawyer can identify others who owe you damages after learning what caused the collision. Possible liable parties could be:
- The vehicle’s manufacturer: If a defective vehicle caused the accident, you could hold its maker accountable.
- Parts manufacturers: If a failed vehicle part caused the crash, the part’s maker could owe you compensation if you can prove it was defective.
- Government entities: If a road condition or a lack of proper signage contributed to the crash, a government agency responsible could owe you awards.
- Vehicle repair or maintenance companies: If improper auto repairs or maintenance are to blame, the service provider might be liable for your losses.
- The driver’s employer: If the uninsured driver was working when the accident occurred, their employer might be liable for their actions.
- Other vehicle owners: If someone else owns the vehicle that hit you, you could take action against the owner for allowing the uninsured driver to use the vehicle.
Other potential plaintiffs include pedestrians, bicyclists, and motorcyclists. When a case involves multiple parties, determining liability and percentage of fault can be challenging.
There’s no need to take this task on by yourself. A car accident lawyer in Atlanta can meet with you during a free consultation and explain how they can help you.
Consider Filing a Claim With Your Physical Damage Insurance Coverage
Georgia also does not require drivers to buy physical damage insurance. Still, if you have this option, you could file a claim to cover accident-related losses to your vehicle. This coverage allows you to file a claim under your policy, even when you did not cause the crash.
There are two options for physical damage insurance:
- Comprehensive covers losses if someone breaks into your car or vandalizes it. It also covers fire-related damages.
- Collision covers damages suffered in any vehicle collision.
Even if you are not at-fault for the accident, you must pay a deductible before the insurance company pays out. You can set your deductible, but your premium will be affected by it. If you set a low collision deductible, your premium will likely be higher.
How an Auto Injury Lawyer Can Lead Your Damages Case
If you decide that suing an uninsured driver is not worth it, a personal injury lawyer can seek financial recovery for you. Taking on a legal proceeding when recovering from painful injuries can be too much. Additionally, legal matters can be complex, and proceedings can be time-consuming.
Hiring an attorney to take over your case in an uninsured motorist accident has many benefits. They can:
- Account for all your damages, financial and non-financial.
- Calculate your car accident settlement so you know what to ask for.
- Establish how much compensation to pursue.
- File your insurance claim or lawsuit.
- Negotiate a settlement agreement that meets your needs.
- Protect you from accepting a settlement offer that is too low.
- Take your case to trial if they cannot settle it outside of Atlanta Court.
- Explain complex laws that apply to the accident.
- Keep you up to date about all case developments.
Your attorney will protect your rights while advocating for the best outcome for you.
Auto Accident Lawsuits Have a Filing Deadline in Georgia
Even if you are not suing the uninsured driver who hit you, you don’t have a long time to sue after an accident. Generally, in Georgia, parties who suffer injuries in negligence cases must file their lawsuit two years from the accident date, per O.C.G.A. § 9-3-33.
An attorney can tell you if exceptions in your case affect the filing deadline. You must file your lawsuit within the statute of limitations, or you will lose your right to sue for damages. This is another task a lawyer will manage for you.
Call Us if You Are Deciding Whether to Sue an Uninsured Driver
Thousands of drivers operate vehicles on Georgia’s roads, but not all of them have insurance. When they take their chances, others end up paying for their irresponsible decisions.
If an uninsured driver struck your vehicle, you may be wondering if it’s worth it to sue them. Some say it is; others say it isn’t. You can contact us for a free consultation to find out what’s best for your situation.
Our lawyers can explain your options for financial recovery and how our firm can help.
