Getting into a car crash feels overwhelming. That stress only grows when you find out the other driver doesn’t carry insurance. Sadly, this happens more often than you might think. Many drivers in Georgia either carry the bare minimum or no insurance, making an uninsured motorist accident more likely and potentially more complicated when seeking compensation.
If you’re injured or your car gets damaged, figuring out how to cover your costs gets tricky. An uninsured motorist accident can leave you wondering who pays for your bills, missed work, and repairs, and asking, What if I get in an accident with an uninsured driver? Knowing your rights ahead of time can make all the difference.
Is the At-Fault Driver Always Responsible for Damages?
Georgia follows a fault-based insurance system. That means the person who causes the crash must pay for the resulting losses. Their liability coverage usually covers medical care costs, lost earnings, and property damage.
What Happens When They Don’t Have Insurance?
When the at-fault driver carries no insurance, you face a problem. You may still file a claim or sue them directly, but that doesn’t guarantee payment. Drivers who skip insurance often don’t have the money to pay you out of pocket, which is why an uninsured motorist accident can leave victims struggling to cover medical bills, repairs, and other unexpected costs.
Why Recovery Gets Complicated
You may win in court, but collecting becomes hard if the at-fault driver doesn’t have assets or income. In these cases, your uninsured motorist (UM) coverage may offer a better path forward.
What Is Uninsured Motorist (UM) Coverage in Georgia?
UM coverage helps pay for your losses when the driver who causes the crash has no insurance. Georgia insurers must offer UM coverage, but you can reject it in writing. Although Georgia doesn’t require drivers to carry UM coverage, having it can make a big difference. If you reject it, you take on the risk of paying out of pocket in an uninsured crash.
What UM Coverage Usually Includes
UM coverage often pays for several things, including the costs for medical care, any lost wages, and pain and suffering. Some policies also include coverage for your passengers. It may also kick in during a hit-and-run accident, which legally counts as an uninsured crash if the driver leaves the scene and can’t be found.
If the other driver has insurance, but not enough, your underinsured motorist (UIM) coverage may help cover the gap.
Filing a Claim with Your Own Insurance Company
If the other driver does not have insurance, your next step is to file a UM claim through your own insurance.
How to Start a UM Claim
Call your insurance company or log into their app or website. Ask to open a UM claim. They will ask questions and request documents like the police report and photos. Be honest and transparent when you explain the crash.
Dealing With Your Insurer
Just because it’s your insurance company doesn’t mean they make things easy. They may question your injuries or argue about the value of your vehicle. Remember, their goal is still to save money.
Why Insurance Companies Push Back
Even with UM coverage, insurers may try to lower the payout. They might say your injury existed before the crash or your damage isn’t as bad as it looks. A lawyer can help you push back with strong evidence and negotiate a fair outcome.
Can You Sue the Uninsured Driver Directly?
Yes. You may file a personal injury lawsuit against an uninsured driver. But that doesn’t always lead to a real recovery.
When It Makes Sense
You may want to sue if the driver owns a business, property, or other assets. Your lawyer can help check public records and determine if the driver has money or property worth pursuing.
What Happens Next
If you win in court, the judge may issue a judgment. But collecting that money is another process. You might need to garnish wages or place liens on property. This process is called subrogation, and it takes time and effort. In many cases, suing an uninsured driver won’t make you whole unless they have something to lose.
The Role of a Georgia Car Accident Attorney
Handling a claim against an uninsured driver on your own gets frustrating. A lawyer helps you examine your options and decide the best path forward.
Looking at All Sources of Compensation
A detail-oriented lawyer checks every insurance policy that could apply. That includes your UM/UIM coverage, personal injury protection (PIP), and even the at-fault driver’s assets. If a third party shares blame, like a delivery company, they investigate that too.
Supporting Your Claim about an Uninsured Motorist Accident
Your lawyer gathers evidence, reviews the insurance policy limits, and works with your doctor to link your injuries to the crash. They handle communication with your insurer and fight for the full compensation your policy allows.
Representing You in Court
If your case needs to go to court, your lawyer prepares it from start to finish. They file the lawsuit, collect evidence, and argue your case. That gives you the best chance to recover what you’ve lost.
How to Protect Yourself Moving Forward
Uninsured drivers create real risk on Georgia roads. But you can take steps now to protect your future.
- Review Your UM/UIM Coverage – Check your auto insurance policy. Ensure you carry enough uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage to cover serious injuries. Consider increasing your limits if they’re low.
- Stack Policies If Possible – If you own more than one vehicle, ask your insurer about stacking UM coverage across your cars. That can give you more protection in a serious crash.
- Avoid Uninsured Driver Trouble – You can’t control what other people do, but you can reduce your risk. Drive alert. Avoid distractions. Always carry proof of your own insurance in case another driver accuses you of causing the crash.
Contact a Georgia Car Accident Attorney
An uninsured driver crash can leave you feeling stuck. Medical bills pile up. Your car needs repairs. And the person who caused the collision has no insurance to cover it. You don’t have to figure it out alone.
Contact our Georgia car accident lawyer at Chris Hudson Law Group today by calling (706) 863-6600. Our team handles uninsured motorist claims across Georgia. We’ll review your coverage, explain your rights, and help you find a path forward. Get started with a free consultation today.