It makes sense that an uninsured driver would be hesitant to meet with a Morrow accident attorney. They’re afraid that, if they push the issue, they may get into trouble. While our Morrow car accident attorneys would never encourage someone to not carry auto insurance, that doesn’t mean they’d judge you.
Here, we’ll explain why uninsured drivers have just as much right to pursue a claim for damages as any other driver. If you still have questions, feel free to reach out to us directly.
Georgia Law Does Require That All Motorists Carry Auto Insurance
According to Georgia law, all drivers are required to maintain auto insurance. Not only that but they’re also required to carry certain minimum coverage limits. If you are caught driving without insurance, you will be fined and can even face jail time.
Getting into an accident without insurance can be a problem from a legal standpoint. However, if you weren’t the one who caused the crash, you do have a right to compensation for your injuries.
The Reason Why You Didn’t Have Insurance Should Not Impact Your Claim
Of course, your Morrow accident attorney will want to know why you didn’t have insurance at the time of your collision. However, this doesn’t mean that you’ll be prevented from filing your claim.
The reason it’s important is that the defendant is going to argue that you were at fault, simply because you weren’t insured. They will use the fact that you were driving without insurance to create a smoke screen.
Their hope is that the court will be so focused on you driving without insurance that they lose sight of the fact that the other driver was at fault.
Can Your Morrow Car Accident Lawyer Prove the Other Driver Was at Fault?
As with any other car accident case, your lawyer must prove that the other driver was at fault. That’s the case with any personal injury lawsuit for that matter. If you were the one who caused the crash, then the other driver would be suing you.
In order for your Morrow accident attorney to prove fault, they’ll have to show that the defendant was negligent. This just means that they didn’t behave the way a reasonable person would have, given the circumstances.
You’ll Need to Demonstrate That the Defendant Was Negligent
For your Morrow car accident lawyer to prove negligence, they’ll need to demonstrate four things. First, they need to show that the defendant owed you a duty of care. This shouldn’t be hard to do.
All drivers owe a certain duty of care to other motorists. This is the case whether you have insurance or not.
The second thing your lawyer must prove is that the defendant breached that duty of care. You can do this in a variety of ways. For example, you may be able to prove that the other driver was drunk or high at the time of the crash.
The third thing your Morrow accident attorney must demonstrate is that you were injured. The best way to do that is by submitting a copy of your medical records.
Finally, you need to show that your injuries were caused by the defendant’s behavior. If, for example, you had a back injury prior to the crash, it may be hard to show that your back injuries were caused by the collision.
Can Your Morrow Accident Attorney Prove That You Were Injured?
In addition to proving that the defendant breached their duty of care, your Morrow accident attorney must also prove that you were injured. It isn’t enough that you were involved in a car accident. If you weren’t hurt, you won’t be entitled to damages.
This is one of the reasons your Morrow car accident lawyer will insist that you go to the emergency room immediately after your collision. This way, you can be seen by a licensed doctor.
The doctor will run the necessary diagnostic tests to determine the nature and extent of your injuries. Some of these tests include:
- CT scan
- Neurological examination
- Physical examination
In addition, the doctor will ask what your symptoms are. Once they have determined your injuries, they’ll make a note in your medical records. These medical records will be the strongest evidence your Morrow accident attorney has to prove you were hurt.
It’s Critical That You Go to The Emergency Room Immediately After the Crash
If you refuse to go to the hospital after your crash, it will cause problems later on. We understand that you may be afraid because you were driving without insurance. However, nothing is more important than your health and well-being.
If you wait too long to go to the hospital, the defendant will argue that something other than the crash caused your injuries. For example, they may say that you were in a subsequent accident and that they aren’t liable.
Your Morrow Car Accident Lawyer Will Need Your Medical Records
Aside from your medical records, the only thing your Morrow car accident lawyer will have is your word. The court does not give a plaintiff’s own statement all that much weight. If there is nothing to corroborate your claims, you stand a chance of losing.
You May Still Be Entitled to Damages
Even if you didn’t have insurance, your Morrow car accident lawyer can still demand damages. It all depends on the nature and extent of your injuries. People with severe injuries will have higher medical bills.
They’ll also miss more time from work. And, if their injuries prevent them from working, they would be entitled to compensation for lost future income.
Your Morrow car accident lawyer will do their best to get you as much money as possible. As long as they can prove your damages, they’ll be on strong footing to negotiate a favorable settlement.
Your Morrow Accident Attorney Must List Your Damages in Your Initial Complaint
When your Morrow accident attorney files your lawsuit, they’ll need to list your demand for compensation. This is done when they file your initial complaint.
On your complaint, your attorney will list your damages. In most of the cases Morrow accident attorneys handle, they demand some or all of the following:
- Medical bills and future medical bills
- Lost wages
- Lost future income
- Property damage
- Pain and suffering
Your damages will depend on the facts of your case. This will not change simply because you weren’t insured at the time of the crash.
The Only Way to Know if You Have a Case Is to Call a Morrow Accident Attorney
Over the years, our Morrow car accident lawyers have seen that uninsured drivers are often afraid to pursue a claim for damages. They don’t think they have the same legal rights as other drivers.
The truth is that, while it is against the law to drive without insurance, it can’t prevent you from pursuing damages. As long as your Morrow accident attorney can prove your case, you will be entitled to compensation like any other plaintiff.
If you’re wondering if you have a valid claim, you should contact our office right away. We can schedule your free, initial consultation right over the phone. Or you can do so through our website.