Forest Park
Uninsured Motorist Accident Lawyer

After a car accident, you may have medical expenses, repair bills, and more damages to deal with. So when you learn that the person who caused your accident doesn’t have insurance, it can be a very unpleasant surprise. You aren’t out of options, though.

A Forest Park car accident attorney can help you traverse the complicated, confusing process of filing an uninsured motorist claim. You won’t be able to settle with the other party’s insurance company, but you will still be able to get compensation.

Read more about what to do after an accident with a driver that doesn’t have insurance. Then, when you’re ready to learn more about your own options and how we can help, you can always get a free initial consultation with John Foy & Associates. 

What Happens If You’re Hit by Someone without Insurance in Georgia

The bad news is that, if the other driver in your accident was uninsured or has insufficient coverage, then you usually cannot get more compensation from them than they’re covered for. That means, in a hit-and-run or an accident with an uninsured motorist, your options are limited.

The good news, though, is that you still have options after being hit by an uninsured driver. The other driver’s insurance is not the only place that you can get compensation for an accident that you didn’t cause. While you might not get a settlement outside of court, you can sue the other party and potentially get them to pay out-of-pocket for your damages.

That may not be the best decision, though. If you decide to sue and go to trial with a personal injury lawyer in Forest Park, the lawsuit could be long, drawn-out, and expensive. Plus, if the other party doesn’t have the money and files for bankruptcy, you may have a hard time getting any money from them at all.

Another option is using your own insurance to pay for your damages. Many people have uninsured/underinsured motorist (UM/UIM) coverage. UM coverage is meant for a scenario exactly like the one you’re in, and may cover your costs, but you may still need a lawyer to help you secure full compensation.

Auto Insurance Requirements in Georgia

Georgia’s Office of the Commissioner of Insurance states that every driver in the state has to have a minimum coverage of:

• $25,000 in bodily injury liability per person
• $50,000 in bodily injury liability per accident
• $25,000 in property damage liability per accident

This is known as a 25/50/25 split and is the absolute lowest coverage that a driver can legally have. This insurance comes into play if you are at fault for the accident, so if another driver caused your crash, then you will not use any of your liability insurance. 

Georgia UM/UIM Insurance Coverage

As you know, though, people don’t always obey the law. That’s why Georgia law also requires every insurance provider to give the option for uninsured/underinsured motorist coverage under the Official Code of Georgia Annotated §33-7-11. 

In general, UM/UIM coverage in Georgia falls into two categories:

• Traditional, or non-stacking, UM/UIM. This type of policy reduces your coverage by the other driver’s liability insurance. That means if your UM/UIM covers $50,000, but the other party’s liability plan covers $25,000, then you’re only entitled to $25,000 of underinsured motorist coverage.
• New, or stacking, UM/UIM. The new category of UM/UIM allows you to “stack” your own coverage on top of the other party’s liability coverage. In the scenario in which you have $50,000 of UIM and the other party has $25,000 of liability coverage, you would add the two and receive $75,000 total from your plan and the at-fault party’s.

Obviously, in the event that the other party has no coverage, it doesn’t matter whether your insurance stacks or not–there’s nothing to stack in onto. In that case, you would receive your full coverage and would need to turn to other options to cover the rest of your damages.

Can You Sue an Uninsured Driver?

Yes, you can sue an uninsured driver, and in certain circumstances that could be the best course of action. It may not be a good idea, though. Often motorists are uninsured because they can’t afford it, and so it would be hard to get any out-of-pocket money from them in a lawsuit. Plus, lawsuits are usually more trouble than they are worth.

The other option would be to file a claim with your own insurance company. This can also be complicated, and it can be hard to convince your insurance company that you deserve full compensation. An attorney can help you put together an airtight claim, but you need to act fast–your deadline can be as short as 30 days.

If you do decide to sue an uninsured driver, always consult with an uninsured motorist accident lawyer in Forest Park. An attorney can give you a free consultation to assess your situation and tell you what the best course of action would be for your situation. 

Talk to an Uninsured Motorist Accident Attorney in Forest Park

If someone else was at fault for your accident, you shouldn’t have to pay for the consequences. Even if the other person doesn’t have insurance and can’t pay your compensation, you have options. Forest Park uninsured motorist accident lawyers John Foy & Associates can help you through the tricky process of your claim.

Call us or contact us online for a FREE case review with an experienced attorney. Our team is on call for you 24/7.