What Happens if the Drunk Driver Is Uninsured?

According to Georgia law, drivers must have insurance to operate a motor vehicle. Despite this rule, many drivers are still out on the road who are uninsured. Even worse is that some uninsured drivers get behind the wheel while intoxicated. If such a motorist has hit you, you can still pursue financial compensation for your damages.

Regardless of whether the drunk driver is insured, you should reach out to a lawyer to learn about all your legal options. The Atlanta car accident lawyers at John Foy & Associates have years of experience and are ready to help you fight for your claim. They’ll advise you on what happens if a drunk driver is uninsured and help you pursue alternative paths to compensation.

What to Do After an Accident With an Uninsured and Intoxicated Driver

After an accident with an uninsured drunk driver, ensure all involved parties are okay and see if anyone needs immediate medical assistance. Do not try to argue with the drunk driver or engage in aggressive behavior. Drunk people cannot typically reason or use proper logical thought, which may lead to physical violence.

When you find out the drunk driver has no car insurance, take down their information anyway. Be sure to write down their license plate number, phone number, and other relevant information. Call the police and inform them of what happened and the driver’s potentially intoxicated state.

Ga. Code § 40-6-273 states that any accident resulting in injury, death, or apparent damages exceeding $500 must be reported to the local police. Law enforcement will likely arrest the drunk driver and file a police report that can be used as evidence in your case.

What Are My Options if the Drunk Driver Is Uninsured?

Moving forward after an accident with a drunk driver can be difficult, especially if the driver is uninsured. Fortunately, a skilled attorney can determine what your legal options are. Based on your unique circumstances, they’ll decide what needs to be done to recover fair compensation for your losses.

Depending on the severity of the accident, your injuries, and several other factors, your attorney will likely help you take one of the following actions:

File a Claim with Your Insurance

You may be able to file a claim with your own insurance company after a collision with a drunk and uninsured driver. If you have underinsured or uninsured motorist coverage on your policy, you can file a claim to invoke that and receive compensation. As the name states, uninsured motorist coverage will pay for any of your damages if the at-fault driver had no insurance.

Whether or not you will have to file a claim with your own auto insurance coverage is highly dependent on the drunk driver’s financial standing. Most people who drive without insurance do so because they cannot afford it. If they are too poor to afford insurance, they are probably too poor to afford to pay for any of your damages.

While you can have solace knowing that the uninsured drunk driver will get punished under the law, that still leaves you with no option but to seek compensation elsewhere, such as through your insurance policy. If the drunk driver happens to have the financial means to pay, you will file a claim against them instead.

Filing a Claim Against the Drunk Driver

In some cases, an uninsured driver who caused an accident while drunk may have the financial capability to cover your damages. If this is the case, the standard rules of filing a claim will apply. The only difference would be that there is no need to negotiate with an insurance company since the driver doesn’t have a policy.

Because the driver was drunk, there is a chance that punitive damages can apply. Exemplary damages may be awarded if the party that caused your collision did so intentionally or through extremely egregious actions. Drunk driving qualifies under this, and a jury may award additional damages to punish the at-fault driver further.

Common Damages Involved With Drunk Driving Accidents

An auto collision can inflict devastating injuries that can cripple a person physically and financially. Here are some of the most common damages car accident victims can obtain from a civil suit or an uninsured motorist claim:

• Lost wages or reduction in earning capability
• Vehicle repairs or replacements
• Property damage expenses
• Medical expenses, including long-term medical care if needed
• Pain and suffering
• Mental anguish
• Disability
• Loss of consortium
• Loss of enjoyment of life
• Wrongful death damages

Importance of Hiring a Lawyer After an Uninsured Motorist Causes a Drunk Driving Accident

Drivers have a duty of care when they are on the road. They must consider the safety of not just themselves but others around them. When an individual drives drunk without insurance, they fundamentally breach this duty of care. As a result, you have the right to hold them responsible for an accident, but doing so can be incredibly difficult without a lawyer.

Taking action after an uninsured driver crash can be tricky. Your insurance company may want to fight back or absolve themselves of providing the payment you need to cover your expenses. They may try and argue that your injuries weren’t caused by your accident or downplay the severity of the damages you suffered.

An experienced personal injury attorney can stand up against insurers and demand the damages you’re owed. Whether they help you file a claim against the drunk driver or a claim with uninsured or underinsured motorist coverage, they’ll represent your best interests at every step of the process.

Meet With a Trusted Attorney from Our Law Firm for Free

If you’ve been involved in a collision caused by an intoxicated driver who doesn’t have aunt insurance, you’re probably confused about how to proceed with a claim. Fortunately, our auto accident lawyers from Atlanta can assess the situation and determine what needs to be done.

They’ll meet with you to discuss what happens if a drunk driver who doesn’t have insurance causes an accident. Contact John Foy & Associates today to learn more about your legal options and find out if filing a claim with your insurer or taking action against the underinsured driver is the best course of action for you.