In Atlanta, uninsured drivers are sadly common, and many drivers who do carry insurance don’t have enough to cover a typical accident. If you’ve suffered from an accident with an uninsured or underinsured driver, you have the same rights as any other accident victim—and you can still recover money. You need to speak to an uninsured/underinsured motorist accident lawyer in Atlanta.
We can help. Our attorneys know how to get you money for your injuries and car damage – even when the other driver is uninsured. Let us give you a free consultation to talk about your case and explain your options. Call us or fill out the form to the right to get your free consultation today.
Atlanta Insurance Requirements
In Atlanta, every car owner is required to carry a minimum amount of insurance. This minimum coverage is detailed in Georgia Code §33-7-11 and includes:
- At least $25,000 in bodily injury insurance, per victim
- At least $50,000 in bodily injury insurance, total
- At least $25,000 in property insurance
If a driver is at fault in an accident, the driver’s insurance policy is supposed to pay for everyone’s injuries and damage, up to the maximum amount of coverage. But these minimum requirements often won’t be enough to cover the whole cost. This is what we call an “underinsured” driver.
Other drivers don’t bother to get any insurance – even though it’s against the law. These drivers are uninsured, and victims will have to look for other ways to recover money for their injuries and damage.
Yes, You Can Still Get a Settlement
If you are involved in an accident with an uninsured/underinsured driver, you still have a right to a settlement. It just means that the driver will have to personally pay for the costs. However, it can be more complicated to get the money you need, because most drivers don’t have enough cash to pay large settlements out of pocket (especially uninsured drivers).
Filing an Uninsured/Underinsured Motorist Claim on Time
In general, you have two years from the date of your accident to file a claim for compensation in Georgia. However, uninsured and underinsured motorist claims may be trickier. For instance, your personal UM/UIM insurance policy may have additional deadlines. If you need to pursue compensation from your own insurance, it’s best to have an attorney read through your policy.
Get in touch with our Atlanta uninsured and underinsured motorist accident lawyers for help navigating the legal system. If you wait too long to file your claim, you could lose the right to pursue compensation at all.
Kinds of Injuries Covered in Uninsured Motorist Accident Claims
Virtually any kind of injury can be covered, as long as it is a result of the accident. It does not matter whether the driver at fault had insurance. Some of the most common types of car accident injuries include:
- Head injuries, such as concussions and traumatic brain injuries
- Neck injuries, such as whiplash
- Spinal cord injuries
- Broken bones
- Muscle and joint injuries
Always see a doctor as soon as possible after an accident. Many injuries can grow worse over time, and the sooner you seek treatment, the better your chance for a full recovery.
Fault in Atlanta Uninsured Motorist Cases
The driver who is “at fault” is the one whose actions caused the accident. Most of the time, someone could have prevented the accident if they had been more careful, had followed traffic laws, or had been using safe driving behaviors.
Texting and driving, speeding, tailgating, and changing lanes aggressively are all behaviors that can lead to accidents. The legal term for these careless behaviors is “negligence.”
A negligent driver didn’t necessarily mean to hurt you or cause an accident, but they are nonetheless responsible for all of the damage and injuries that happen. When determining who is at fault, it does not matter whether a driver has insurance – you can be at fault if you have the very best coverage or if you have no insurance at all.
When You Are Partially Responsible for the Accident
In many motor vehicle wrecks, each driver shares some of the blame for the crash. Luckily, Georgia still allows you to file for compensation as long as you are not more than 51% responsible for the accident.
According to Georgia Statute §51-12-33, your percentage of responsibility will be used to reduce your compensation from the other driver. For instance, if you are 20% responsible for the wreck, your total compensation will be reduced by 20% as well.
When you are suing for compensation from someone without insurance (or with not enough insurance), every little bit of compensation matters. This is why you need to have a skilled Atlanta uninsured and underinsured motorist accident attorney on your side.
The Value of Your Uninsured/Underinsured Driver Claim
Georgia is known as a “fault state” for purposes of car accidents. This simply means that the driver who is at fault must pay the costs and damages for everyone involved. This rule does not change because the motorist was uninsured or underinsured – they are still liable. Common types of costs and damages include:
- Medical expenses
- The cost of prescription medication
- The cost of physical therapy or other types of rehabilitation
- The cost of fixing or replacing your car
- Lost wages to make up for the time you missed from work because of the accident
If your accident was serious, you may receive additional money for pain and suffering, long-term disabilities, or other severe injuries. Money can help with financial stress, making it easier for you to get the care and support you need during the healing process.
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 fairly straightforward. You make a claim with the insurance company, and after some negotiation, the insurance company usually pays. Uninsured and underinsured motorist cases are more complicated because we have to look for other ways to get you the money you deserve. Some of these methods are:
- Making a claim against the uninsured motorist coverage of your own auto insurance
- Finding other insurance policies that provide coverage for the accident
- Getting a court order requiring the other driver to pay you out of pocket
- Putting a lien on the other driver’s car, home, or other assets until you are paid
These procedures require investigation and the court system may be involved. Most people aren’t equipped to handle this on their own, especially if they are already dealing with serious injuries. A car accident lawyer in Atlanta can explore all avenues for you, making the process as stress-free as possible, and increasing your chance for a full financial recovery.
Talk to an Atlanta Uninsured/Underinsured Motorist Accident Lawyer for Free
Our lawyers have spent decades recovering money for uninsured motorist claims. We don’t charge you money unless we get you paid. Let us give you a FREE, no obligation consultation to talk about your case and explain what we can do. Call us or fill out the form to the right to get your free consultation today.
