Although it is required by law to have insurance coverage for your vehicle, not everyone has it. And most people don’t have the financial ability to cover the cost of a car accident. So, what do you do when the other driver doesn’t have insurance?
In some cases, you may be able to turn to your own insurance company to use your uninsured motorist coverage—which you likely have. But, even though your insurance company is supposed to help you, they are still in the business of making money. And sometimes that means denying your uninsured coverage when they shouldn’t. In those situations, you need a Norcross uninsured motorist accident lawyer to help.
John Foy & Associates knows how frustrating it can be to pay for uninsured motorist coverage only to be denied for coverage when you actually need it. We never represent insurance companies—only victims. We want to help individuals and their families get the insurance coverage they so rightly deserve.
We have over 20 years of helping victims in car accident cases, whether they are dealing with other insurance companies or their own. Let us give you a FREE consultation.
Call us at 404-400-4000 and get your free consultation today.
What Are My Options If the Other Driver doesn’t Have Insurance?
Insurance coverage provides the at-fault driver with a way to pay for the damages and injuries that they caused. Without this coverage, most people can’t afford to pay for the full value of a car accident claim. But, you still have options even when you are in a crash with a driver who doesn’t have insurance.
- Sue the other driver anyway. If the other driver was in the wrong, you always have the option of suing that person anyway. You can get a judgment and then collect from this person by taking any payments they are willing to make. Plus, you can put legal pressure on them to collect after you have a judgment. You may be able to garnish their wages or bank account. In some cases, you can seize other property as well. The state of Georgia also allows you to the other driver’s license in some cases until they pay your judgment. In other words, you can get them to pay you—in many cases—but it may take time.
- Use your collision coverage. You may have collision coverage as part of your insurance policy. Not all plans have this option, but if you do have it, it will cover the cost to repair your car after an accident with an uninsured driver up to the policy limits.
- Uninsured motorist coverage. You can also look to your own insurance policy if you have uninsured or underinsured motorist coverage (often referred to as UIM coverage). This type of insurance “kicks in” to pay your losses from the accident when the other driver doesn’t have any insurance or enough insurance to cover your damages completely.
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How does Uninsured Motorist Coverage Work?
Uninsured motorist coverage will provide money to help you pay for medical expenses and other related costs after an accident with an uninsured driver. Instead of forcing the at-fault driver to pay, you ask your own insurance company to foot the bill.
UIM coverage is not required in the City of Norcross or anywhere else in Georgia. That means that you must have added it to your policy for it to be in effect. Georgia law does require that your insurance company offer it to you—which means that you might have this type of insurance coverage and not even realize it.
Check your policy to be sure. But, do it quickly as there are reporting requirements that you must follow to get insurance coverage.
The insurance company may still want to sue the other driver in court for your losses, and it may ask for your help to do this. They might want to do this so that they can be reimbursed for the money that they had to provide to you because of the other driver’s fault.
Is Uninsured Motorist Coverage the Same Thing as Underinsured Motorist Coverage?
Uninsured motorist coverage and underinsured motorist coverage are virtually one in the same—with one crucial distinction. In uninsured motorist coverage, you get the full value of your policy. But, what if the other driver has some insurance, just not enough to cover your losses? This is when “underinsurance” coverage kicks in. Under Georgia law, your insurer is only required to provide you with coverage that goes beyond the other driver’s insurance coverage, this making up for the “underinsurance” of the other party.
The minimum amount of insurance that drivers in Georgia are required to have includes:
- Bodily injury: $25,000 per person and $50,000 per accident
- Property damage: $25,000 per person
These amounts go quickly in serious accidents, particularly because medical expenses can be very high.
Here’s an example. Imagine that the other driver has $25,000 worth of personal injury coverage for your accident. You have serious injuries, so you need more than that to cover your medical bills and other losses. You have $50,000 in underinsured motorist coverage. You would think that you would get the full value of that $50,000—but that’s not how it works.
Instead, you get the difference between your coverage and the other driver’s coverage. That way, you never get more coverage than what you have purchased under your underinsured motorist coverage plan. In this example, you would receive $25,000.
When you purchase uninsured motorist coverage, it will usually come with underinsured motorist coverage. Your limits under both policies are generally the same, but not always. You should check your plan to learn about your policy limits.
A lawyer can help you determine your exact policy, which coverage you have, and how much money you can potentially recover.
Talk to a Norcross Uninsured Motorist Accident Lawyer for Free
Just because the insurance company says you don’t have coverage doesn’t mean that its true! Have an attorney review your policy and the facts of your situation to give an unbiased opinion. Sometimes insurance companies deny uninsured motorist coverage just to save money—and they do this because many people don’t fight back. Don’t let an insurance company take advantage of you! Let us give you a FREE consultation.
Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.
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