If you have a car accident and the other driver does not have insurance, your injuries and vehicle damage might be paid by your own insurance policy, the uninsured driver personally, or some other source. If you are the one who doesn’t have insurance, you may face criminal penalties, a license suspension, and lawsuits.
In Georgia, all drivers must carry a minimum amount of insurance coverage of $25,000. Despite this, many drivers do not have insurance, and many more have only the minimum coverage, which may not be enough to pay for the damage in a major accident. If you are in an accident without insurance—or without enough insurance—it is important to get advice from a lawyer.
What if I’m the One Without Insurance?
Failing to have insurance is a misdemeanor crime in Georgia. Your license and registration can be suspended for a time period of up to 90 days. In some cases, depending on the severity of the accident, you may pay a stiff fine or be sent to jail.
If you don’t have insurance and the accident is your fault, you may be facing lawsuits from people who were injured in the accident. These lawsuits are civil cases that are separate from any criminal or DMV penalties you might have. Lawsuits can mean high legal fees and a court judgment ordering you to pay for the damage.
If you don’t have insurance and you are involved in an accident, it’s important to talk to a lawyer. A lawyer can help you with traffic charges, explain your options, and help you decide what works best for your situation. If you are not at fault, you may be able to make a claim against another driver’s insurance and get money to pay for your injuries and vehicle damage.
If the Other Driver doesn’t Have Insurance, How Do I Get Paid?
Georgia is a “fault state,” which means that if you get into an accident, the driver who is at fault is responsible for paying for everyone’s injuries and vehicle damage. You are entitled to recover all of your costs from the driver who was at fault, including your medical expenses, lost time from work, and damage to your vehicle.
When the driver who is at fault has insurance, the insurance company will pay up to the limits of the policy. If your injuries cost more than that, we say that the other driver is “underinsured.”
If the other driver is uninsured or underinsured, you still have the right to recover ALL your costs and damages. The way you might do this depends on the other driver’s financial situation and the type of insurance coverage you have. Options include:
- Recovering money from the other driver directly. Unfortunately, drivers who don’t get insurance usually also don’t have a lot of money.
- Placing a lien on the other driver’s assets, such as a house, car, or boat. People who don’t have money in the bank sometimes have other things of value. A lien remains on the property until you are paid.
- Making a claim on the uninsured or underinsured motorist coverage of your own insurance policy. Uninsured motorist coverage pays for your injuries if you are in an accident with someone who doesn’t have insurance.
- Recovering money from third parties. Sometimes there is another person or entity at fault, such as a business or the government agency responsible for maintaining the road.
Uninsured motorist claims are much more complicated than car accident claims, where there is plenty of insurance. It is difficult to recover money from an uninsured driver on your own. If you have been in an accident with an uninsured driver, it is critical to get help from a car accident lawyer as soon as possible after the accident.
What Is Georgia’s Modified Comparative Fault Statute?
According to Ga. Code § 51-12-33, Georgia is a fault state and has a modified comparative fault statute. This means that the plaintiff can be responsible for the accident and still recover compensation unless the plaintiff is found to be 50% or more at fault. If this is the case, the plaintiff’s damages may be reduced by their percentage of fault.
For example, if you are in an accident and you are determined 30% at fault you can still recover compensation but your settlement may be reduced by 30%. It’s important to know that comparative negligence can benefit you, but may also give insurance companies the opportunity to look for any chance to hold you at fault.
If this sounds like your case, Georgia’s modified comparative fault law may apply to you. In addition to not having insurance, modified comparative fault may be able to assist you in covering your expenses. During a free consultation, a lawyer can determine if the comparative negligence policy in Georgia will benefit your claim.
How Our Lawyers Can Help You with Your Uninsured Car Accident Claim
Our lawyers have been practicing for decades and taking on a variety of car accidents cases where drivers don’t have insurance, or only one of the drivers has insurance. No matter the situation, we listen to your case and create a plan that works for your claim. Some of the things we may be able to help you recover compensation for include:
- Lost income if your recovery time requires you to miss work
- Current and future medical expenses like bills, rehabilitation therapy, and tests
- Property damage to your car
Our Claim Process for Car Accidents
After being in a car accident, you’re already stressed out and injured. You’ll be able to talk with one of our lawyers without any pressure of paying or committing to hiring us. You can ask questions, find out if you have a viable case, and decide if you’d like to work with us.
Obtain Medical Documentation
If you decide to work with us, we can recommend you to medical specialists who can treat you and help you recover. After you’ve been treated, we use the medical records to provide detailed proof of your injuries to the insurance company.
Our investigations examine the details of the car accident, the severity of your injuries, and long-term costs. We listen to your side of the story and use evidence to counter the insurance company’s case.
Damages are the costs from the accident that you can recover, so they have a significant impact on the settlement amount you may receive. We find hidden costs that insurance companies try to avoid paying for so you get the amount you deserve.
Negotiation with Insurance Companies
Negotiation is an important part of the claim process. We know the strategies of insurance companies and how they may take advantage of your emotions after your accident. These tactics could lead to a lower settlement than you deserve.
Obtaining Your Settlement
A settlement is our end goal; we want you to walk away with the money. We work to get you a settlement that not only covers your expenses but also provides you with a sufficient income, especially if you are out of work.
Car Accident Cases We’ve Won
- Multi-vehicle accident We recovered $2.7 million in compensation for the client to cover medical expenses, provide a sustainable temporary income, and cover car repair costs
- Car accident We recovered $2 million in compensation for the client to cover medical bills, provide a temporary income, and cover car repair costs
If you’ve been in a car accident, our lawyers may be able to help you get compensation. Please keep in mind that the settlement amounts above do not guarantee a similar amount of compensation for each case.
Talk to an Atlanta Car Accident Lawyer for Free
Uninsured drivers risk the safety of drivers and your finances, but our lawyers have worked for decades helping people get compensation in uninsured and underinsured motorist cases. We won’t ask you to pay us anything unless we win your case and get compensation for you.
Our lawyers at Atlanta Car Accident Lawyer give you a free, no-obligation consultation to tell you if you have a claim and show you what we can do for you. Call us or contact us online to get your free consultation today.