Were you hit by an uninsured motorist (UM) and don’t know how to pursue compensation for your injuries and damages? Don’t get lost in the complicated details of your case. Instead, let The Law Offices of Joshua W. Branch and our uninsured motorist accident lawyers in Athens be your legal guides from the start. We have built our careers and reputation on handling difficult claims and lawsuits for injured drivers in Athens and throughout Georgia. Discover the difference that trustworthy and experienced legal counsel can make by reaching out today.
You can learn more about your options after an uninsured motorist hit you by dialing (706) 850-4994 and asking for a free case evaluation.
An uninsured motorist is just as it sounds: a driver who does not have auto insurance. In Georgia, drivers must carry auto insurance before driving on public roads, but there are always people who disregard the law. Based on data from the Insurance Information Institute (III), about 18% of all drivers in Georgia are uninsured. When you are on the road in Georgia with four or five other drivers nearby, statistically, one of them does not have auto insurance.
Getting hit by an uninsured motorist means you won’t be able to file a claim against their auto insurance provider. Filing directly against them might be complicated, too, if they do not feasible have the finances to pay for your losses. If you have uninsured motorist insurance, though, you can use your own policy.
Uninsured motorist insurance allows you to file a first-party claim, which means the case is filed against/with your own auto insurance provider rather than another driver’s provider. Like any other car accident claim, though, you should expect some pushback from your insurance provider because no insurer, yours or otherwise, likes to pay a claim.
Uninsured motorist coverage policies vary but usually provide the following, up to policy caps:
More often than not we deal with defendants who do not have adequate insurance coverage on their motor vehicle. The State of Georgia only mandates $25,000 in liability coverage to have the minimum required. So, you can imagine a scenario in which the injured victim from a car accident has over $100,000 in medical expenses but the defendant driver has only the state minimum of $25,000 in liability coverage – sadly, this happens quite often.
Thankfully, the solution is simple: MAKE SURE YOU CARRY AS MUCH UM/UIM COVERAGE ON YOURSELF AND YOUR FAMILY THAT YOU CAN AFFORD so in those such instances you have additional insurance coverage to purpose so that justice can be obtained in such situations.
Remember, the insurance coverage (liability and UM/UIM) is the extent of available recovery in your personal injury case, so having substantial UM/UIM allows you seek a full and just recovery if the at-fault driver is without coverage or has inadequate coverage.
Often clients become concerned that if they use their own coverage that their rates/premiums will increase; however, there is a statute in the State of Georgia that prohibits such retaliatory conduct from insurance companies and it is codified at O.C.G.A. 33-9-40. In essence it says that an insurance company cannot punish a customer for using their own insurance in situations which they were not at-fault.
If you are hit by an uninsured or underinsured motorist (UM/UIM), you might still have options to make a recovery if you were wise enough to ensure you have adequate UM/UIM coverage on yourself and your family.
Importantly, make sure your UM/UIM coverage is “add-on” or “excess” so that it can stack on the liability coverage and not be reduced by the at-fault driver’s coverage.
Claims filed using UM/UIM insurance coverage are first-party claims. Both types of insurance have a coverage cap, too, so it is always recommended that you purchase a UM/UIM insurance policy with the maximum cap that you can reasonably afford.
If there are any issues, disputes, or denials with the insurance coverage, its caps, and/or your eligibility as a covered party, then it could mean that you end up in a legal contest with your own auto insurance provider, rather than that of another motorist.
Georgia law requires insurance companies to offer uninsured and underinsured motorist coverage to every policyholder. However, you are not required to carry it. If you declined this coverage when you purchased your policy, you may not be able to use it after an accident. Reviewing your current policy with an attorney is a good way to understand exactly what coverage you have available.
If the at-fault driver’s liability policy is not enough to cover your medical bills, lost wages, and other damages, your UIM coverage can step in to cover the remaining gap, up to your policy’s limits. For example, if the at-fault driver has $25,000 in liability coverage but your damages total $100,000, your UIM coverage could potentially cover the remaining $75,000, depending on your policy limits and how your coverage is structured.
Georgia offers two types of uninsured motorist coverage. Traditional UM coverage, sometimes called “reduced by” coverage, reduces your UM benefit by the amount the at-fault driver’s insurance pays. Add-on coverage, sometimes called “excess” coverage, allows you to collect from both the at-fault driver’s policy and your own UM policy independently, without one reducing the other. Add-on coverage generally provides significantly more protection and is worth having if it is available to you.
Hit-and-run accidents are treated as uninsured motorist claims in Georgia. If an unidentified driver caused your accident and left the scene, you may be able to make a UM claim under your own policy. Georgia law does require that there be physical contact between the hit-and-run vehicle and your vehicle or person in most circumstances, so documenting the scene thoroughly and reporting the accident to law enforcement right away is important.
Yes. In Georgia, your uninsured motorist coverage can apply even if you were not in your vehicle at the time of the accident. If you were struck as a pedestrian or while riding a bicycle by an uninsured or hit-and-run driver, you may be able to file a UM claim under your own auto insurance policy. This is an area where policy language matters significantly, and an attorney can help you understand what your specific coverage allows.
Georgia law generally prohibits insurance companies from raising your rates solely because you filed a UM claim when you were not at fault. However, insurance policies and companies vary, and it is worth understanding your specific policy terms. An attorney can help you navigate the claims process in a way that protects your rights as a policyholder.
Insurance companies sometimes deny UM claims on technical grounds or offer settlements that do not come close to covering a victim’s actual losses. You have the right to dispute a denial or a low offer, and in some cases, to pursue the matter through arbitration or litigation. An attorney can evaluate whether the insurer’s position is justified and fight for the full amount your policy should provide.
The statute of limitations for personal injury claims in Georgia is generally two years from the date of the accident. However, your insurance policy may have its own notice requirements that must be met much sooner. Failing to notify your insurer in a timely manner can affect your ability to make a claim, so it is important to act quickly and consult with an attorney as early as possible.
Many people assume that dealing with their own insurer will be straightforward, but UM and UIM claims can be just as adversarial as claims against an at-fault driver’s insurance. Your insurer’s goal is still to minimize what it pays out. Josh Branch spent years on the defense side of personal injury cases, giving our team a clear understanding of how insurers evaluate and challenge these claims from the inside. We use that knowledge to make sure our clients receive every dollar their policy entitles them to.
A hit-and-run driver is typically considered “uninsured” by technicalities because the driver responsible for the accident is not identified or available to provide their insurance details. In most cases, if you are involved in a collision with a hit-and-run driver, you can rely on your own uninsured motorist insurance coverage to handle the costs associated with the accident. You will have to check the details of your policy, though, because every policy is different.
Even if a driver is uninsured, you can still consider filing a lawsuit against them because they could be found legally responsible for your damages. While recovering compensation from an uninsured driver can be challenging—since they may lack the financial resources to cover your expenses—it should be their obligation to find a way to meet those responsibilities, not yours. Pursuing legal action against an uninsured driver can be complex and may not always result in the compensation amount that you need, so you should talk to our Athens uninsured motorist attorneys about the potential benefits and drawbacks of pursuing such a claim.
Take the time today to learn how to pursue compensation after an uninsured motorist hit you in Athens. Start by coming to The Law Offices of Joshua W. Branch. Our legal team is here to make the entire legal process less stressful by pursuing justified compensation on your behalf.
