If you live in the Atlanta area, you are probably well aware of the high chances of being involved in an accident on the 1-285 or the I-85 1-75 Connector. Even with the high risk of motor vehicle collisions, Fulton County and Georgia as a whole have a high uninsured-driver rate.
No one ever wants to believe they will be involved in a crash, but most trust that the at-fault driver will have insurance to cover damages. If an uninsured driver has hit you, you must understand your legal options to make informed decisions. This guide will help you understand the legal process after an uninsured driver hits you and the steps you must take to seek compensation.
How Common Are Uninsured Drivers in Georgia?
Unfortunately, Georgia has one of the highest reported rates of uninsured drivers in the U.S. According to statistics, approximately 12-15% of Georgia drivers are uninsured.
Despite the state’s insurance laws that require motorists to have minimum liability coverage (O.C.G.A. § 33-7-11). Many drivers simply never obtain coverage or allow their policies to lapse.
Due to the high traffic volume on I-285, I-85, and I-75, our area sees a disproportionate share of accidents involving uninsured drivers. Even though being hit by an uninsured driver can be upsetting, you still have legal options. Georgia law provides drivers with several options to seek compensation.
Uninsured and Underinsured Motorist Coverage in Georgia
Georgia law (O.C.G.A. § 33-7-11) requires all insurance companies to offer policyholders UM coverage. If your policy includes UM coverage, it will pay for your injuries when the at-fault driver does not have coverage.
UM coverage works by filling in for the uninsured driver’s missing liability insurance. Most coverage generally equals your liability limits. For example, if you carry $100,000/$300,000 in liability coverage, your UM coverage will equal those limits.
You do have the choice of rejecting UM coverage in writing, but if you do not formally decline it, you may have it included in your policy. UM claims are not filed against the at-fault driver. Instead, a UM claim is filed with your insurance provider.
It is important to recognize the difference between UM and UIM (underinsured motorist coverage). UIM kicks in when the at-fault driver has insurance coverage, but their policy limits are insufficient to cover your damages. For example, if the at-fault driver has at least $25,000 in coverage but your injuries cost $150,000, UIM covers the gap. Georgia law (O.C.G.A. § 33-7-11(b)(1)(D)) also allows “stacking” in some cases. If you have multiple vehicles included on your policy, you may be able to combine your UM/UIM coverage limits.
Filing a UM/UIM Claim in Georgia
If an uninsured or underinsured driver has hit you, there are specific steps that you must follow to file a claim in Georgia: These steps include:
- Report the accident immediately to your own insurance company.
- Provide proof demonstrating that the at-fault driver was uninsured or underinsured.
- Submit supporting evidence to the insurance company, including your medical records, copies of bills related to the accident, proof of your lost wages, and other relevant documents.
- Your insurance provider will review the claim and make a settlement offer.
It is worth emphasizing that although you are filing a claim with your own insurance company, they still try to minimize your compensation. If your insurer denies or tries to lowball your claim, you have the right to file a lawsuit against your insurance company. The Georgia statute of limitations allows you up to two years to file UM/UIM claims (O.C.G.A. § 9-3-33)
Can You Sue an Uninsured Driver or Recover Without UM Coverage?
Georgia law allows you to file a personal injury lawsuit against the uninsured driver. But the challenge is that many uninsured drivers often have limited financial resources, which can make collecting compensation challenging, if not impossible.
Even if the at-fault driver lacks insurance, they may have other economic resources, such as wages or property, that can be attached to satisfy a judgment. State law allows accident victims to collect judgments, usually 25% of disposable earnings, through wage garnishment (O.C.G.A. § 18-4-20)
Even though you could pursue a judgment against the responsible party, UM/UIM coverage is the most effective method for recovering compensation. Filing a personal injury lawsuit is best viewed as a secondary option.
If you declined UM coverage or it is not included in your policy, you have limited options. Other than suing the driver, you could use your own collision insurance to cover the cost of vehicle repairs. Still, collision insurance does pay for medical expenses. Instead, you would have to use your health insurance coverage to pay for medical treatment.
Because of the lack of options available, Georgia personal injury attorneys strongly recommend that motorists carry higher UM/UIM coverage limits.
Hit and Run Accidents: A Special Category of Uninsured Claims
No one ever expects to be the victim of a hit-and-run accident. Georgia law requires drivers to stop at the scene of an accident, and leaving the scene is a criminal offense (O.C.G.A. § 40-6-270).
Still, if the at-fault driver fled the scene, they are viewed as “uninsured” for UM purposes. Georgia UM insurance coverage applies to hit-and-run accidents; however, state law requires that specific requirements be met. For example, you are required to report the accident to the police within a reasonable time, and, in most cases, there must be physical contact between the two vehicles.
Contact Durham Law Group at 404-845-3434 or 813-333-6250 to schedule a free consultation to review your UM/UIM coverage and evaluate your claim.
