The State of Georgia requires that all drivers have an active car insurance policy that meets specific basic requirements in terms of dollar value. This requirement is part of ensuring financial responsibility, which means being able to cover the costs associated with an accident. But not everyone has insurance. A large portion of Georgia’s population is uninsured. These people often drive knowing that they assume the risk if they caused an accident and that it may be a financial disaster if that happens, especially if they are the at fault driver.
However, most of Georgia’s uninsured aren’t aware of whether they can receive compensation if someone crashes into them. Can a Georgia car accident victims pursue compensation for their damages if they didn’t have an active insurance policy? Contact our Georgia car accident attorneys for more information.
Understanding Liability and Compensation in Georgia
In Georgia, a fault-based insurance system is used, meaning the driver who is at fault for an accident is responsible for compensating the other parties involved. The at-fault driver has legal liability for the accident, making them responsible for covering the damages. If you are in an accident and the other driver is at fault, you are generally entitled to seek compensation for your damages, even if you do not have insurance. This compensation can cover medical expenses, property damage, lost wages, and pain and suffering.
Additionally, underinsured motorist coverage can provide protection if the at-fault driver’s insurance is insufficient to cover all your damages.
A Crash with an Uninsured Driver
You hear most people expressed concern that they’re going to get hit by an uninsured driver. There are additional policy options and solutions for drivers who are hit by an uninsured motorist. One crucial option is uninsured motorist coverage, which protects individuals from financial losses when the at-fault driver lacks sufficient insurance.
Victims of uninsured drivers can explore various financial recovery options to mitigate their losses. What deserves equal attention are the situations where the victim was uninsured. An uninsured victim may feel that they can’t file a claim without exposing that they don’t have insurance.
An uninsured motorist may fear exposure because they may receive a ticket, lose their license, or have the registration on their vehicle suspended. But these penalties and fees are nothing compared to the medical damage and property loss a victim can experience in a car accident.
Fines and Penalties of Driving Without Insurance in Atlanta
While there are plenty of financial penalties for driving without auto insurance in Atlanta, that’s part of the problem. Sure, there should always be penalties for breaking the law, and it’s a law that drivers must carry liability insurance.
But, 34% of Georgia’s 1.38 million uninsured drivers are at or below the poverty level. That percentage goes up to 59% if you account for those just above the poverty level. It’s clear that people don’t carry insurance because it’s not affordable. Still, the fines are cheaper than insurance, making it reasonable that people would risk the penalties to avoid the monthly payments.
It’s possible that you could lose your driving privileges or that the motor vehicle Department would suspend your vehicle registration. It’s more likely that you’ll see a fine of about $185. Perhaps the most severe penalty for driving without insurance in Georgia is the possibility of a year in jail. Spending a year in jail is highly unlikely unless you have multiple offenses, and it seems that the fines aren’t doing anything to spur you into getting insurance.
Can You Still File a Claim?
Yes, you absolutely can still file a claim even if you don’t have insurance. The insurance claim process is crucial in seeking compensation as it involves submitting necessary documentation and evidence to the insurance provider. Now, it would be impossible for you to file a complaint with your insurance company in the hope of getting compensation if you were at fault for the accident. But as you’re the victim, then you would file a claim against the at-fault driver’s insurance.
You can do this by contacting their insurance provider directly with the driver’s name and policy number. Or, you can go to a local Atlanta automobile accident attorney and file a claim that way. It is important to understand the legal requirements and implications of liability coverage in such situations.
However, you file a claim you will need to submit evidence, and you may need to submit a statement. Do not submit a formal statement to the other driver’s insurance provider without speaking to a legal professional first. Keep in mind that the insurance provider has no reason to serve you. If anything, they’ll work only to protect their driver. You may need to seek compensation through legal action if the at-fault driver is uninsured or underinsured.
Personal Injury Lawsuit
If the at-fault driver’s insurance does not cover all your damages, or if there are disputes regarding the claim, you have the option to file a personal injury lawsuit against the at-fault driver. A lawsuit can help you recover additional compensation for your injuries and losses. An attorney can provide legal representation, guiding you through the legal process, from filing the lawsuit to representing you in court if necessary.
Finding Out About Your Legal Options as the Victim with an Atlanta Car Accident Lawyer
Finding out about your legal options may seem like an expensive step, but often car accident attorneys are affordable and make accommodations to help victims. A legal consultation is crucial in understanding your legal options and determining the best course of action. What happens is that car accident lawyers, in Atlanta and across the nation, use a contingency fee, which means that they only get paid if you receive compensation for the accident.
It’s often the best way to obtain legal help because you’re not committing hundreds of dollars to a retainer or a deposit, knowing that you’ll continue to incur legal fees. Instead, you get the help you need, and in the end, the car accident attorney receives payment through a small portion of your compensation.
You can discuss legal options and fees with the Weinstein Firm during a consultation. Our team of attorneys aim to help victims regardless of whether they have insurance coverage or not. It is important to understand your auto insurance coverage, especially in cases where the driver may have been breaking the law.
When you’re the one who was not at fault and who sustained a substantial injury, then you’re the one who needs the most help in resolving this issue. Seeking compensation for medical bills is a critical part of this process. Additionally, understanding how to recover medical expenses through health insurance or personal injury protection (PIP) coverage can be crucial.
