Can Your Morrow Accident Attorney Sue for Damages if You Don’t Have Insurance?

An uninsured driver calling a Morrow accident attorney.

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.

you are entitled to collect damages even if you are not carrying car insurance

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:

  • X-ray
  • CT scan
  • Ultrasound
  • MRI
  • 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.

Latest Posts

Motorcycle Accidents vs. Car Crashes: Key Differences and Insights
Motorcycle Lane Splitting: What Atlanta Riders Need to Know
Tractor-Trailer vs. Car: The Severe Impact of Truck Accidents
Compensation for PTSD After an Atlanta Motorcycle Crash
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Cheapest Car Insurance Georgia: 2024 Rates and Companies  MarketWatch [...]

Car accident with ‘serious injuries’ shuts down Kennesaw road, police say  Atlanta News First [...]

Lanes reopen after fatal crash on I-85 in Fulton County  Atlanta News First [...]

1 killed, 1 injured in two-car crash on I-85 north near airport, police say WXIA [...]

Driver killed in Spalding County crash where car ran red light, GSP says WXIA [...]

UPDATE: Woman dies after crash with tractor-trailer in Bainbridge  WALB [...]

Decatur resident killed in head-on crash due to reckless driver, police say  WSB Atlanta [...]

1 killed, 1 injured after head-on crash in Decatur, police say  Atlanta News First [...]

2 dead, 5 hospitalized after multi-car accident on I-20, DeKalb officials say  WSB Atlanta [...]

DeKalb Police investigating deadly hit-and-run on Christmas morning WXIA [...]

Athens man killed in vehicle vs pedestrian accident on Commerce Road  WGAU [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Daniel Thomas “Danny” Roland  Now Habersham [...]

Oconee Blotter: Car break-ins reported, guns, cash, computer stolen  Online Athens [...]

Georgia State Trooper Killed in I-75 Crash Investigation | iSkyCreations - News & Media  NewsBreak Original [...]

Georgia state trooper dies after being struck by vehicle while investigating crash  The Caledonian-Record [...]

State trooper dies from being hit by a vehicle while investigating a construction worker's interstate death  WNDU [...]

These car insurance providers have the highest market share in each state [...]

Fatal crash on Hwy 90 leaves Pineville resident dead, another injured [...]

Brady McClintock | Galena Sentinel Times  Sentinel Times [...]

Berea vehicle collision ends in fatality | News |  Richmond Register [...]

Car accident with ‘serious injuries’ shuts down Kennesaw road, police say  Atlanta News First [...]

Teen Killed In Woodstock Crash; Speed A Factor: Sheriff  Patch [...]

2 Teens ID'd In Deadly Woodstock Crash That Fell On 18th Birthday  Patch [...]

Crash closes all lanes, all directions on Grayson Highway in Lawrenceville, police say  Yahoo News [...]

One person dead after wreck on GA 316 in Gwinnett County  AccessWDUN [...]

1 killed in crash on Hwy 316 in Gwinnett County  Atlanta News First [...]

3 killed, including mother and 14-year-old son, in Gwinnett crash  WSB Atlanta [...]

Mother, teen and motorcyclist killed in crash on Scenic Highway in Gwinnett County  FOX 5 Atlanta [...]

Man killed in I-20 crash involving tractor-trailer identified  Atlanta News First [...]

Cobb I-20 E Crash Involving Tractor-Trailer Kills Conyers Man  Patch [...]

22-year-old woman dead after car crash in DeKalb County, officials say speeding may have been factor  WSB Atlanta [...]

Morgan Dean Obituary - Hutson Funeral Home - Farmington - 2023 [...]

Fatal Crash on Will Rogers Turnpike Claims Life of Tractor-Trailer Driver [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation