In a car accident case, the at-fault driver’s insurance company is typically responsible for paying compensation, according to Georgia car insurance law. Unfortunately, some drivers do not have car insurance. Therefore, recovering compensation could seem agonizingly slim. Only an experienced car wreck attorney in Atlanta can help you.
Generally, getting compensation from an insured driver is challenging. However, the at-fault driver’s lack of insurance makes the case even more special. A motorist who can’t afford to get insurance will most likely not have any money to give you. So, is there a way out? Fortunately, yes. This article covers this and more.
What Does Georgia Car Insurance Law Say?
Every state has its car insurance law applicable in auto accidents, including one involving an uninsured driver. For example, Georgia car insurance law mandates every driver to get auto liability insurance up to a specific amount, but uninsured motorist coverage is not compulsory.
Georgia car insurance law allows a minimum of:
- $25,000 per accident for property damage
- $25,000 for bodily injury per person; and
- $50,000 for bodily injury per accident.
It is a criminal offense to drive without insurance coverage in Georgia. Therefore, if you get involved in a car accident with an uninsured driver, you can sue for damages. A lack of car insurance coverage already places a driver on the wrong side of the law.
What Does Georgia’s Accident Law Say?
Unlike several states that practice the no-fault system, Georgia is an at-fault state. In the no-fault system, injured persons in an accident cannot hold the at-fault party responsible for their treatment.
Even when the injured can prove that the at-fault party was negligent, the at-fault party is shielded from any injury-related suit. In this case, the injured party will have to pursue a claim with their insurance company instead if they have personal injury protection (PIP) coverage.
In at-fault states like Georgia, injured persons can sue the at-fault party and get compensation from their insurance company. As long as they can prove that the other party was at fault, the at-fault party’s insurance company will take care of the medical bills, according to Georgia car insurance law.
A Car Wreck Attorney in Atlanta Answers if You Can Sue an Uninsured Driver
Under Georgia car insurance law, yes, you can as long as you can prove that the uninsured driver was negligent. This is pretty easy to accomplish.
If your car wreck attorney in Atlanta is a personal injury expert with extensive experience, they will advise you on what to do. There are different options available to anyone in this position. One of them is whether to pursue a claim or not. While it is possible to sue an uninsured driver, it’s best to let your lawyer advise you.
So, should you sue an uninsured driver who caused an accident? Sometimes, it isn’t advisable to sue.
The chances of recovering compensation from a driver without insurance coverage are pretty slim. Drivers without car insurance are most likely unable to afford it. Uninsured drivers who can buy a policy and choose not to are hard to find. So you would want to avoid spending time and effort pursuing a case that leads to a dead end.
On the other hand, your lawyer can see a good reason why you should sue. You may well win compensation. However, the court will prescribe a payment plan involving monetary installments in low amounts in most cases.
Your lawyer would identify such cases and let you know.
What Happens When You Don’t Sue?
If your lawyer can advise you not to pursue a compensation claim from the other driver, there must be a good reason. So, what can happen when you don’t sue for injury?
Suppose you choose not to take legal action against the uninsured at-fault driver. In that case, under Georgia car insurance law, the only recourse is to pay for your medical treatment and other losses with your uninsured motorist coverage.
To begin, file a claim with your insurance provider and ensure you do it within the time stipulated in the policy. After making a compensation request, the insurance company, through their in-house or external adjuster, will investigate your claims. This is due diligence to ensure things happened as you claimed and the at-fault driver was indeed negligent.
Your insurance company will most likely demand proof of the accident, as required by Georgia car insurance law. If you had taken any photographs, video, or voice recordings at the accident scene, that would help a great deal.
If you have no such evidence, your lawyer can help you organize an investigation and put facts together. Your attorney may also help you get the police report of the incident. Your insurance company may also demand your medical bill receipts and medical statements. Suppose you fixed your car; your lawyer will provide the repair receipts.
After your lawyer produces evidence to corroborate your account and convince the insurance company about the verity of the accident, negotiation follows. Your lawyer’s experience will be far superior to yours on the negotiation table.
If negotiation fails, your attorney can kick start the process of litigation. They will file the necessary court papers to get a hearing date and represent you in court.
What Happens if You Lack Uninsured Motorist Coverage?
There’s a possibility that you may not have uninsured motorist coverage. You will have to pay for your injury treatment and vehicle repair out-of-pocket in such a case. However, if you have health insurance, it will cover your medical expenses, as per Georgia car insurance law.
There’s another scenario where the at-fault driver has insurance, but the coverage is not enough to cover your losses. Here, you will have to rely on underinsured motorist coverage if you have it. But Georgia car insurance law does not make it compulsory to have this coverage.
Talk to a Car Wreck Attorney in Atlanta Today!
If you’ve been in an accident involving an uninsured driver in Atlanta, talking to the legal team at The Weinstein Firm should be your first consideration. We know how scary the situation might seem and how important it is to get a financial settlement. That is why we will stop at nothing to ensure that we present only the best options to you.
We will evaluate the case and advise you on the best course of action. If you have chosen to pursue a claim, we will help prepare the ground before meeting with the other driver’s insurance company or yours, in line with Georgia car insurance law. We are ready for whatever may happen during the negotiation. So, call us now to speak with a personal injury attorney in Atlanta.