Road accidents in Fayetteville, GA occur quite often. With road congestion on the rise and with driving behavior deteriorating daily, the number of accidents on our roads continues to increase. Minor accidents are easier to deal with, especially those where physical injury is at a minimum, and any vehicular damage is handled by the insurance companies of the parties involved in the accident.
But when the accident is really bad and when the injuries sustained are quite serious, things can become complicated very quickly. Things can get even more complicated if it turns out that the driver who is at fault for causing the accident is uninsured. If you were in an accident and if you find out that the driver who caused the accident is uninsured, you need to speak to an uninsured motorist accident lawyer immediately.
Do Drivers Really Drive Without Insurance?
As in other states in the US, it is a mandatory requirement in Georgia that all drivers should carry minimum insurance coverage. This minimum coverage includes bodily injury liability of $25,000 per person and $50,000 per accident and property damage liability of $25,000 per person. The law requires insurance companies to offer uninsured motorist coverage and underinsured motorist coverage, but the driver is free to reject this coverage in writing if they wish to do so. While this is not recommended, many drivers choose to do so and unfortunately do not have this vital protection which would come in quite handy if they ever got into an accident with an uninsured motorist. Talk to an uninsured motorist accident lawyer about this coverage and how it could help you get the compensation you deserve.
Most people assume that since insurance coverage is a mandatory requirement that all drivers who are on the road must be insured. This is actually not true as there are many drivers in Fayetteville, GA, who drive without insurance. When these drivers cause accidents, it is the victims who end up suffering because there is no insurance company that would cover their damages. If they have uninsured motorist coverage, things might be easier, but that is rarely the case since most people just opt for the coverage that they are legally required to carry to be able to drive legally in Fayetteville, GA. An uninsured motorist accident lawyer will be better able to provide you details about how many drivers are uninsured in Georgia.
Therefore, to answer the above question: yes, there are people who drive without insurance even though they are fully aware of the fact that it is illegal to do so. If you were unfortunate enough to be in an accident with an uninsured or underinsured driver, speak to an uninsured motorist accident lawyer as soon as possible.
Legal Options if You Get Hit by an Uninsured Motorist
Whenever an accident takes place, the fault is the first thing that needs to be established. Who was the driver who caused the accident? Were multiple parties involved? If yes, what level of fault did each party have? These and other similar questions can help determine who was primarily responsible for causing the accident.
As per the law in Fayetteville, Georgia, the driver who is at-fault will be held liable for any damages that occur. However, your personal injury lawyers will have to provide evidence to show that the driver was at fault. If there are multiple parties involved and multiple parties who might be at fault, the law will apply the principle of comparative negligence to assign fault to each party. Compensation amounts will thus be reduced as per the level of fault of each party involved.
Once the fault is established, the insurance company of the driver who is found to be at-fault will be the one responsible for providing compensation to the victims. However, if the accident is the fault of a driver who is uninsured, then the situation can get fairly complex. Speak to an uninsured motorist accident attorney in this regard.
An uninsured motorist accident lawyer will outline all the legal options available to you for recovering your losses. These options include:
1. If your insurance policy includes uninsured/underinsured motorist accident coverage, you need to contact your insurance company immediately. They are bound by law to provide you with the compensation you deserve. However, this will only be possible if you have such coverage and if you were not the one who was at fault.
2. If you don’t have uninsured motorist accident coverage, you can sue the driver who hit you. The law allows you to do so. However, do keep in mind that a driver who does not even carry minimum insurance coverage will most likely not hand over money to you as compensation. They will make it difficult for you to recover your losses and that is where an uninsured motorist accident lawyer is likely to help you.
Your legal options are dependent on the situation in question. If you are a victim of an accident and if you were hit by an uninsured driver and had suffered injuries because of the accident, you need to speak to an uninsured motorist accident attorney.
Steps to Take After an Accident with an Uninsured Motorist
It is perfectly understandable that when you are in an accident, you panic and you become worried about what happens next. Many people, in this panicked state, make the mistake of either fleeing the scene of the accident altogether OR not calling authorities and settling the matter with the driver on their own. The first thing you need to remember is that you should never flee the scene of the accident and second, you should always call the police.
A police report is a very useful document in accident cases. This is true for all types of accidents, whether it is with an insured or an uninsured motorist. A police report is an official overview of the accident and clearly specifies what happened, how it happened and who was responsible. In case the driver who hit you turns out to be uninsured, there is no one better to deal with them then the police. After all, it is illegal to drive without insurance. You have to keep in mind that the very fact that the driver broke the law goes in your favor. This fact can also prove useful for your car accident lawyer when they file a compensation claim on your behalf.
Therefore, the first thing you should do if you are in an accident is to call the police and to seek medical attention. Again, even if you feel that you are not hurt, it is always advisable that you get yourself checked out. It often happens that there are certain injuries that begin to demonstrate symptoms after a few days. You may feel that you did not get hurt at the time of the accident, but there is a risk of internal injuries. You do not want to take that risk, and that is why you should seek medical attention. Your uninsured motorist accident attorney will also benefit from this step because they can help you claim medical expenses for any injuries that you may have sustained. They can only do so if there is actual medical proof that a healthcare provider examined you after the accident. A thorough medical evaluation is an important component of filing a compensation claim.
How to Get Compensation if You Have Uninsured Motorist Coverage
In theory, if you have uninsured motorist coverage, your insurance company is obligated to pay you compensation for any damages that you may have incurred. However, you have to understand that insurance companies are not in this business to please you. They may appear sincere to you, but the fact is that insurance is big business. Insurance companies collect premiums every month from their clients, and the goal of these premiums is to ensure that you have the necessary protection if and when the time comes. But the fact is that reality is very different from theory. Insurance companies are there to help you in your time of need but in reality, when your time really comes, your insurance company will try to find loopholes with your claim and will try to find reasons for either denying your claim or paying you the least possible amount. Don’t let your insurance company do this to you. Talk to an uninsured motorist accident lawyer to protect yourself from this and to prepare an argument which your insurance company cannot deny.
How to File a Lawsuit Against an Uninsured Driver
You should only file a lawsuit against the driver who is at fault if they do not have insurance at all or if their insurance company simply refuses to pay. Since we are discussing uninsured drivers right now, you should know that the law allows you to file a lawsuit against an uninsured driver. While it won’t be easy getting money from the uninsured driver, you must let your uninsured motorist accident lawyer fight for you. This is where the police report, the medical report and the information related to the accident will come in handy to prove your claim. Call an uninsured motorist accident lawyer for more information about filing a lawsuit.
The biggest thing in your favor when you file a lawsuit is the fact that the other driver had no insurance. This means that they already knew how to break the law. Proving negligence against such a driver should not be very hard for your motorist accident lawyer since it can easily be established that the driver was irresponsible and unable to follow the law 100%. This factor will go in your favor and will put your uninsured motorist accident lawyer in a very strong position when they outline your argument.
Do keep in mind that an individual who doesn’t even pay car insurance would typically not be in a position to pay you for your medical expenses, lost wages, rehabilitation cost, and your pain and suffering. However, the legal system is not going to allow such an individual to get away without paying anything. There are ways through which the legal system helps underinsured victims. Talk to your uninsured motorist accident attorney in this regard.
Contact The Weinstein Firm
It can be very frustrating to get in an accident with a person who has no respect for the law. Obviously, anybody who chooses to ignore the fact that they cannot drive without insurance has no respect for rules and regulations. Not only do they break the law so easily, but they are also confident that they will get away with it without being caught. At The Weinstein Firm, our uninsured motorist accident attorneys understand the frustration of accident victims, and that is why our uninsured motorist accident lawyer will try their very best to represent your rights and to get you the best possible compensation.
Our uninsured motorist accident lawyers have dealt with numerous such cases and are well aware of the ways through which car accident victims get the compensation they need. After all, it is not easy to have to come up with cash to meet such unanticipated expenses including sudden medical bills, prescription costs, rehabilitation costs and the loss of earnings. All these factors already make things difficult for accident victims, and if you combine the fact that the driver who hit you was uninsured, the concept that the insurance company will help you pay for your expenses goes down the drain. Now there is no insurance company to pay you; if you don’t have uninsured motorist coverage, your own insurance company can’t help you either.
What are your options? Our uninsured motorist accident attorneys will advise you to fight the driver and to fight for your rights. After all, the accident is not your fault. You were not driving without insurance. You were following the law, and you were not negligent. Why should you not get justice? That is what we believe in, and that is why our uninsured motorist accident lawyers will help you get a fair and just settlement. Call us today to see how we can help you.