A car accident can become more complicated when the at-fault driver does not have insurance. You may still have options for recovering compensation, especially if your own policy includes uninsured motorist coverage.
Georgia law requires drivers to carry liability insurance, but some drivers still get behind the wheel without coverage. An uninsured motorist claim can help protect you when that happens.
What Should You Do After an Accident with an Uninsured Driver?
You should take many of the same steps you would after any serious car accident.
After an accident with an uninsured driver, try to:
- Call the police and report the accident.
- Get medical attention for injuries.
- Exchange contact information.
- Take photos and videos of the scene.
- Get contact information from witnesses.
- Notify your insurance company.
- Keep records of your medical bills, lost income, and other losses.
A police report can be especially important if the other driver does not have insurance. It can help document how the accident happened and identify the people involved.
Can You Recover Compensation if the Other Driver Has No Insurance?
It is possible, depending on the coverage your insurance policy includes. Uninsured motorist coverage protects you when an at-fault driver does not have liability insurance. It may cover injuries to you or your passengers as well as damage to your vehicle.
Georgia requires drivers to carry at least:
- $25,000 in bodily injury liability coverage per person
- $50,000 in bodily injury liability coverage per accident
- $25,000 in property damage liability coverage per accident
Your UM coverage will depend on your policy and the options you selected. You may also have a claim directly against the uninsured driver. However, recovering money from the driver can be difficult if they do not have sufficient income or assets to cover your losses.
What if the At-Fault Driver Does Not Have Enough Insurance?
An uninsured motorist claim may also help when the at-fault driver has insurance but does not have enough coverage to pay for your losses. Georgia law treats certain underinsured drivers as uninsured motorists for purposes of UM coverage.
Your options after an accident may include:
- Seeking compensation from the at-fault driver’s liability insurance
- Using your own UM coverage for additional compensation
- Pursuing the at-fault driver directly in some cases
For example, a serious accident might result in $100,000 in damages, while the at-fault driver has only $25,000 in bodily injury coverage. Your UM coverage may provide additional compensation, depending on your policy and its limits.
Georgia allows different types of UM coverage, so the amount available can depend on the coverage you purchased and how it applies to the at-fault driver’s insurance.
What if the Uninsured Driver Leaves the Scene?
Uninsured motorist coverage may also be relevant after a hit-and-run accident when the at-fault driver cannot be identified. Georgia law may treat an unknown driver as an uninsured motorist in these cases.
You should take steps to preserve evidence after a hit-and-run accident, including:
- Reporting the accident to the police
- Taking photos and videos of the scene
- Getting contact information from witnesses
- Looking for nearby surveillance cameras
- Notifying your insurance company
Special rules can apply to hit-and-run UM claims, especially when the vehicles did not make physical contact.
What Damages Can an Uninsured Motorist Claim Cover?
An uninsured motorist claim may cover many of the same losses you could seek from an insured at-fault driver. This can include economic damages, which cover financial losses, and non-economic damages, which cover the personal effects of your injuries.
Compensation may include:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced earning ability
- Pain and suffering
- Property damage
- Out-of-pocket expenses
The amount you can recover will depend on the severity of your injuries and damages, available insurance coverage, and other factors.
Contact a Kennesaw Car Accident Lawyer at Starks Byron, P.C. for a Free Consultation
An accident with an uninsured driver can involve both a personal injury claim and your own insurance coverage. A Kennesaw car accident lawyer can investigate the crash, determine what coverage may be available, and gather evidence of your damages.
A lawyer can also handle communications with insurance companies, pursue an uninsured motorist claim, identify other possible sources of compensation, and help you seek payment for your damages.
For more information, contact a Kennesaw car accident lawyer at Starks Byron, P.C. for a free consultation.
For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation in Kennesaw, GA today.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710, Kennesaw, GA 30144
(404) 795 5115
