In 2019, around one in eight drivers in the US was uninsured.
That means that if you're in a collision, there is a good chance of getting hit by someone who is driving without insurance.
If you're hit by an uninsured driver in Georgia then there are several things you should do.
Read on to learn more.
First Steps
It's always good to have a plan of what to do after a car accident, regardless of the insurance status of the other drivers.
First off, you should call 911 and report the accident. You should make a note of the officer that you speak to so that you can track down the report at a later date.
You should seek medical attention. Even if you do not feel hurt, you may have sustained injuries that you are currently unaware of. The sooner you can receive medical attention, the better. You may need to seek medical attention for other drivers who are unable to do so for themselves, too.
You should exchange information with the other driver or drivers. Uninsured drivers may be reluctant to provide you with this information or try to convince you not to report the accident. You should politely refuse any such request. At the very least, take the license plate of the vehicle and a short description of the driver.
Finally, if there are any witnesses, you should take their contact details. Their witness reports may be crucial to your case.
Contact Your Insurance Provider
The next thing you should do is contact your insurance provider.
Depending on your own insurance policy, it may be the case that you are still covered when hit by an uninsured driver. Many insurance providers offer uninsured motorist cover or UM. This additional cover means that your insurance will cover you even if you're hit by an uninsured driver. However, it is not currently state law in Georgia to carry this type of cover, so many of us may not have it.
There is also an option to take out underinsured motorist cover, or UIM. This will cover you if the other driver is insured, but not to a sufficient level to cover the full cost of the damage caused to you and your vehicle. Check with your insurance provider to see if your policy includes UM or UIM cover. If it does, you should be able to make a claim through your insurance.
Contact an Experienced Georgia Car Accident Lawyer
If your insurance won't cover you, then you're going to need some help. The first thing you should do is contact an experienced Georgia auto accident lawyer. They will be able to look at your case and determine your best course of action. A good auto accident lawyer will know from experience the likely outcomes for your particular case and which avenues will give you the strongest chance of receiving compensation.
There are a number of options open to you. These include the following.
Hold the Driver Personally Liable
Georgia is an at-fault state. That means that it holds the person who caused the accident liable for compensating the other parties for their losses.
You can therefore file a lawsuit to try to claim damages directly from the uninsured driver if they caused the crash. Even if the driver doesn't have liability insurance, they can still be held personally liable.
There is a major downside to this option, however. Without insurance, most uninsured drivers lack the personal assets to cover damages, and they can't pay what they don't have. It's unlikely you'll be able to recover the full amount that you're owed.
Small Claims Court
Another option is to take the uninsured driver to small claims court.
In Georgia, the small claims court can handle disputes involving sums of up to $15,000. This may not be enough to cover your damages, particularly if there are medical fees involved. If there is only minor damage to your vehicle, however, then this may be an option.
As already mentioned, however, this option relies on the uninsured driver having the financial assets to be able to pay the amount owed should you win.
Claim Against a Different Liable Party
Another option is to find a different liable party who either is insured or who has the financial assets to cover your damages.
For instance, the accident may have been instigated by another driver who is insured. The uninsured driver may have been loaned the car by a friend whilst not in a fit state to drive. The friend would then bear responsibility for allowing the uninsured driver to use their car when they were aware that they would not be able to operate it safely.
By finding an alternate liable party, you may stand a better chance of being compensated for the damage to your car and any injuries you may have suffered.
Were You Hit by an Uninsured Driver?
If you or someone you know was hit by an uninsured driver then we strongly advised that you contact a car accident attorney as soon as possible.
We are Georgia's leading auto accident lawyers. Auto accidents are all that we do and we offer every client our 24/7 VIP Guarantee. This includes live support 24 hours a day, 7 days a week, as well as your lawyer's direct cell phone number. Our No Fee Pledge means that you won't pay a dime until we win, so you'll never be out of pocket.
We'll analyze your case and prepare the best strategy, as well as gather all the evidence we need, such as accident reports, witness statements, and police reports to help you get the outcome you deserve.
Contact us today for a free case evaluation.