There are few moments more frustrating after a car accident than discovering that the driver who hit you doesn’t have car insurance. You’re in pain, your car is damaged, and now you’re faced with the terrifying thought that there is no insurance company to pay for your medical bills and repairs. It’s a situation that can make you feel helpless and angry. In Georgia, where it is estimated that over 12% of drivers are uninsured, this is an all-too-common scenario.
If you are in this situation, take a deep breath. While it is a complicated problem, it is not a hopeless one. You may still have a clear path to getting the compensation you need, but it comes from a source you might not expect: your own insurance policy. This guide is here to walk you through the steps to take after being hit by an uninsured driver and to explain the vital role of Uninsured Motorist coverage.
The Most Important Coverage You Might Not Know You Have
In Georgia, every auto insurance policy automatically includes Uninsured Motorist (UM) coverage unless you have specifically rejected it in writing. This is a crucial protection that essentially allows you to file a claim with your own insurance company when the at-fault driver has no insurance.
Your UM coverage steps into the shoes of the at-fault driver’s insurance company and can pay for:
- Your medical bills
- Your lost wages
- Your pain and suffering
There are two types of UM coverage in Georgia:
- “Add-on” or “Excess” Coverage: This is the default type of UM coverage. It allows you to “add on” your UM coverage limit on top of any insurance the at-fault driver might have. For example, if the at-fault driver has a minimum policy of $25,000 and you have $100,000 in UM coverage, you could potentially recover up to $125,000.
- “Reduced” or “Difference in Limits” Coverage: This type of coverage is less protective. It only allows you to recover the difference between your UM limit and the at-fault driver’s liability limit. In the example above, you would only be able to recover $75,000 from your UM policy ($100,000 – $25,000).
It is always advisable to have “add-on” UM coverage, as it provides a much greater level of protection.
What About Underinsured Drivers?
UM coverage also protects you when you are hit by an underinsured driver. This happens when the at-fault driver has insurance, but their policy limits are not high enough to cover the full extent of your damages. For example, if you have $200,000 in medical bills and the at-fault driver only has a minimum $25,000 policy, you would first recover the $25,000 from their insurance, and then you could make a claim for the remaining $175,000 under your own UM policy (assuming you have sufficient coverage).
Steps to Take After an Accident with an Uninsured Driver
- Call the Police: This is always important, but it is absolutely critical in a UM case. A police report will document that the other driver was uninsured, which is necessary to trigger your UM coverage.
- Do Not Accept Cash: The uninsured driver may offer you cash at the scene to avoid getting the police involved. Do not accept it. The amount they offer will almost certainly not be enough to cover your damages, and you will have no way to get more later.
- Notify Your Own Insurance Company: Report the accident to your insurance company as soon as possible and inform them that the other driver was uninsured. This will begin the process of opening a UM claim.
Why You Still Need a Lawyer
It’s a common and dangerous misconception that you don’t need a lawyer if you are making a claim with your own insurance company. You might think, “They’re my insurance company, they’ll treat me fairly.” Unfortunately, this is often not the case.
When you file a UM claim, your insurance company switches hats. They are no longer your protector; they are your adversary. Their goal is the same as any other insurance company: to pay out as little as possible. They will still use the same tactics to devalue your claim, such as questioning the severity of your injuries or arguing that some of your medical treatment was unnecessary.
You need an experienced personal injury attorney to represent you in a UM claim for the same reasons you need one in a standard claim: to level the playing field, to gather the evidence needed to prove the full value of your damages, and to fight for the maximum compensation you are entitled to under your policy.
Frequently Asked Questions (Q&A)
Q: Will filing a UM claim make my insurance rates go up?
A: Under Georgia law, an insurance company cannot raise your rates for filing a UM claim when you were not at fault for the accident.
Q: What if I rejected UM coverage in writing?
A: If you have validly rejected UM coverage, your options are much more limited. You could try to sue the at-fault driver personally, but if they didn’t have the money to pay for insurance, it is unlikely they have the assets to pay a legal judgment. This is why it is so incredibly important to carry UM coverage.
Q: Does UM coverage pay for the damage to my car?
A: It depends. There is a separate type of coverage called Uninsured Motorist Property Damage (UMPD) coverage. If you have this, it will pay for your vehicle repairs. If you do not have UMPD, you would need to have collision coverage on your policy to get your car fixed.
The Protection You Paid For
Being hit by an uninsured driver is a deeply frustrating experience, but it is exactly the scenario you have been paying to protect yourself against with your UM coverage. You have the right to demand the full benefits you are owed under your policy.
If you are navigating the complexities of a UM or UIM claim, you don’t have to do it alone. Our dedicated team of Georgia car accident lawyers knows how to deal with insurance companies, even your own. We will fight to make sure you get the full compensation you deserve. Contact us today for a free consultation. Visit our homepage to learn more about our commitment to protecting the rights of injured Georgians.