What Happens If an At-Fault Driver Doesn’t Have Insurance?

crash with an uninsured driver

If you were involved in an accident with an uninsured driver, there are a few things you need to know. Our Decatur car accident lawyers explain the key facts.

In nearly all states, having car insurance is a legal obligation. It is designed to ensure that everyone is financially protected in the event of a car accident. Despite these requirements, 12.6% of motorists, or about one in eight drivers, were uninsured, according to a 2019 study by the Insurance Research Council (IRC).

If you were in an accident anywhere in Georgia, our attorneys are here to help you. Let’s explore your options if you are hit by an uninsured driver.

File a Claim with Your Own Insurance

If the driver does not have insurance or the insurance does not provide adequate coverage for your damages, one option may be to file a claim with your own insurance provider.

Be aware that there are certain time limits after an accident in which you must file an insurance claim. Most insurance providers provide a strict deadline of 30 days from the date of the accident.

If you are unsure about the time limits applicable, it is best to contact your insurance provider immediately.

Uninsured/Underinsured Motorist (UM/UIM) Insurance

If the responsible driver has no insurance or inadequate coverage, you can turn to your Uninsured/Underinsured Motorist (UM/UIM) insurance to help pay for your costs.

You can file a UM/UIM claim in the following circumstances:

  • If you are in an accident where the at-fault driver lacks insurance.
  • If you are hit by an uninsured driver while cycling or walking.
  • If you are hit by a driver who flees the accident scene and remains unidentified.
  • If you are hit by a driver who is insured, but the coverage is insufficient to cover the injuries of all parties involved in the accident.

Uninsured/underinsured motorist coverage may cover not only you, but others involved in the accident, including:

  • Your spouse who lives with you.
  • Relatives of you or your spouse who live with you.
  • A guest who is a passenger in your car.
  • Anyone who is driving your insured vehicle with your consent.

File a Lawsuit Against the Uninsured Driver

In the event that your insurance provider denies your claim or your damages are not fully covered, you may still proceed to file a lawsuit against the uninsured driver. As Georgia is an at-fault state, the at-fault driver will be responsible for all damages sustained. It is worth noting that that statute of limitations applies in Georgia. You will thus have two years from the date of the accident to file your case.

You will be able to claim damages for either economic damages such as lost wages or medical expenses as well as non-economic damages, such as pain and suffering or loss of quality of life.

If the at-fault driver does not have insurance, they may not have the financial resources to pay a judgment. Even if you win the lawsuit, collecting the judgment may be difficult. You should consult with a Georgia car accident lawyer who can provide guidance based on the specifics of your case.

Call Our Attorneys for a Free Case Review!

If you were in a wreck in Decatur, Atlanta, or anywhere in Georgia, our attorneys are here to help you. Call the Weinstein Firm at 770-HELP-NOW to have us guide you through the entire process and work to ensure that you receive the compensation you deserve.

Our law firm has recovered over $30,000,000 for clients. We work on a contingency basis, so you pay no legal fees unless we win your case. As a new client, you can take advantage of a free case review.

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