Encountering an uninsured driver is unfortunately not a rare occurrence. In 2022, 14% of motorists, or about one in seven drivers, were uninsured, according to a study by the Insurance Research Council. In the same year, 18.1% of drivers in Georgia were uninsured, making Georgia rank 7th for uninsured drivers.
Getting hit by an uninsured driver often leaves victims struggling with legal and financial issues. We’ll discuss Georgia laws centered around uninsured drivers, the types of uninsured motorist coverage in Georgia, and guidance for those who are injured or sustain property damage due to an accident with an uninsured motorist.
Driving Without Insurance in Georgia
Georgia Code § 40-6-10 requires that the owner or operator of a motor vehicle has sufficient minimum coverage. Every driver must carry liability insurance that provides at least $25,000 per person for bodily injury, $50,000 per accident for bodily injury to two or more people, and $25,000 per accident for property damage.
Driving without insurance is a misdemeanor charge in Georgia. This means that if you are convicted of driving without insurance, you will be subject to a fine, up to 12 months in jail, or both. Convicted uninsured drivers will also lose their licenses for at least 60 days up to 90 days.
Drivers can also be convicted of forging or falsifying an insurance card or other insurance documents. A person convicted of falsifying insurance documents will be guilty of a misdemeanor that carries similar penalties as driving without insurance.
How Does Uninsured Motorist Coverage Work in Georgia?
Uninsured motorist (UM) coverage in Georgia protects drivers from financial loss due to accidents involving uninsured or underinsured motorists. Insurers are required to offer UM coverage with every new or renewal automobile policy under Georgia Code § 33-7-11. However, Georgia law doesn’t require drivers to purchase it. Policyholders have the option to accept or reject this uninsured motorist coverage in Georgia in writing. UM coverage is available in two forms, called “add-on” coverage and “reduced by” coverage.
Add-On UM Coverage
Although typically the pricier option, add-on coverage is a supplementary layer of protection drivers can add to their auto insurance policy. This coverage can be used when you’re involved in an accident with a driver who has insurance, but their coverage limits aren’t enough to fully cover your expenses. If you’re hit by an uninsured driver and the at-fault driver’s insurance falls short, your add-on coverage can make up the difference and help you cover medical bills, lost wages, and other damages that exceed the other driver’s policy limits.
Reduced-By UM Coverage
Reduced-by coverage is a more traditional form of uninsured motorist coverage in Georgia. With this form of UM, your own insurance policy limits are reduced by the amount you receive from the at-fault driver’s insurance. Your coverage will only apply if the uninsured driver’s insurance isn’t enough to cover your damages. While this option might offer lower premiums, it could leave you with inadequate coverage if the other driver’s insurance falls short of your expenses.
Uninsured vs. Underinsured Motor Coverage
While they serve similar purposes, uninsured and underinsured motorist coverages apply in different situations. Uninsured motorist (UM) coverage is useful for accidents with an at-fault driver who doesn’t have an auto insurance policy. Underinsured motorist (UIM) coverage applies when the at-fault driver has car insurance but not enough to cover the victim’s damages.
It’s important to note that underinsured motorist (UIM) coverage will not compensate for damages caused by a driver with no insurance at all. To get the maximum coverage to provide protection against the financial burdens that follow being hit by an uninsured driver, it’s best to go with UM coverage.
Legal Options for Victims Hit by an Uninsured Driver in Georgia
When it comes to car accidents and personal injury claims, Georgia uses a modified comparative fault system to determine the amount of damages victims can recover. Georgia Code § 51-12-33 prevents the right to recover compensation for claimants who bear 50% or more responsibility for the accident that caused damages. Drivers who are less than 50% responsible for an auto accident are still eligible to recover damages, but the amount they can recover gets reduced by their proportion of fault.
In Georgia’s at-fault system, victims must prove that the uninsured driver caused the collision by being negligent. The victim hit by an uninsured driver must demonstrate that the other driver had a duty to drive safely, breached that duty through reckless or careless behavior, and that this breach directly resulted in the accident. Evidence such as traffic violation records, eyewitness accounts, and expert testimony can establish negligence.
Damages that can be recovered if hit by an uninsured driver are as follows:
- Economic Damages
- Current and ongoing medical expenses
- Current and future lost wages
- Property damage
- Rehabilitation costs
- Therapy costs.
- Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Loss of consortium
- Wrongful death.
Even if the policyholder hit by an uninsured driver has UM coverage, negotiations with the insurance company may fail to reach a fair settlement. The next step may be to file a lawsuit. If there are legal issues that arise, such as the insurer disputing whether the uninsured driver actually caused the accident, challenging the extent of the victim’s claimed injuries, or arguing over the amount of compensation owed, our car accident lawyers are prepared to represent the victim in court and secure proper compensation.
Steps to Take If Hit by an Uninsured Driver
Sustaining injuries caused by being hit by an uninsured driver can come with a lot of physical pain, emotional distress, and financial losses. You might wonder how to handle the situation, but you’re not powerless. There are steps you can take to address the aftermath and seek compensation for your injuries and damages.
Here’s a brief guide on what victims should do if they are hit by an uninsured driver:
- Contact Law Enforcement: Georgia Code § 40-6-273 states that a driver involved in an accident resulting in injury, death, or property damage exceeding $500 must immediately report the accident to the appropriate law enforcement agency. This police report will be an important document when filing an insurance claim or pursuing legal action.
- Gather Information: Collect as much information as possible about the uninsured driver, including their name, contact information, and vehicle details. If there are any witnesses, obtain their contact information as well. Identify the at-fault driver as uninsured by obtaining the driver’s insurance information by working with law enforcement or the insurance company.
- Document the Scene: Take photographs of the accident scene, including damage to vehicles, road conditions, and any relevant traffic signs or signals.
- Seek Medical Attention: Even if your injuries seem minor, seek prompt medical attention. A medical evaluation can document the connection between the accident and your injuries, as some injuries, such as traumatic brain injuries, soft tissue damage, and spinal cord injuries, may not manifest immediately.
- Notify Your Insurance Company: Report the accident to your own insurance company as soon as possible and provide them with all relevant information and documentation. Review your current auto insurance policy to know what damages can be covered.
- Cooperate with the Investigation: Your insurance company may conduct an investigation into the accident. Be sure not to be dishonest or exaggerate any parts of the accident. Do not answer any irrelevant questions or admit fault so as to not shift blame away from the uninsured driver. Consult with our knowledgeable car accident attorneys to get assistance with insurance company negotiations.
If your uninsured motorist coverage in Georgia is insufficient, or if you do not have this coverage, consider filing a lawsuit against the uninsured driver. Consult with our personal injury attorneys to receive guidance on the best course of action based on the specific circumstances of your case.
Seek Compensation After a Collision with an Uninsured Driver
If you recently sustained injuries in an auto accident that an uninsured driver caused, you should speak with our qualified personal injury lawyers in Buford right away. With over six decades of diplomatically negotiating with insurance company adjusters and litigating uninsured motorist injury cases in court, we have successfully secured maximum compensation for our clients.
Call us at 770-932-8477 or reach out to us online to discuss your eligibility
for filing an uninsured motorist claim.