Your Guiding Hand Through The Legal System

What if I was hit by an uninsured driver?

On Behalf of | Jan 24, 2022 | Car Accidents

The average car crash follows a particular script. The drivers spend a few moments checking themselves and their passengers for serious injuries. They exit their vehicles to look at how bad the damage is, and then they talk to one another about insurance coverage.

They wait for the police to come, file a report, and probably go on with their day. Sometimes, they may need to go to a hospital for medical care. Other times, they may need to arrange to have their vehicle towed to a repair shop or junkyard.

Unfortunately, sometimes when you ask the other driver for their information, they sheepishly reply that they don’t have car insurance. What happens if you get into a crash in Georgia caused by a driver without insurance? 

You may need to make a claim against your own policy

Technically, Georgia only requires liability coverage from drivers. Everyone on the road should have at least bodily injury and property damage liability coverage. However, many drivers carry more Insurance than that. You may have invested in a more comprehensive policy with collision coverage. You may also have uninsured and underinsured motorist coverage.

That extra protection can make all the difference if you get into a crash with a driver who doesn’t have insurance. In that scenario, you could make a claim against your own policy for up to the maximum amount of coverage that you purchase, which will typically mirror the amount of liability coverage you have.

What if you don’t have insurance or it isn’t enough?

Hindsight is 50-50, which is a way of saying that you always notice your own mistakes when looking back in time. If you didn’t invest in uninsured and underinsured motorist coverage before getting in a crash with a driver who doesn’t have an active policy, there is no point in beating yourself up for that oversight.

Instead, you just need to learn about what your options are at this point. Georgia law does allow drivers hurt by someone else to file a personal injury lawsuit if they can show that negligence or some kind of misconduct led to the collision. Surviving family members could take similar steps with a wrongful death claim after a fatal car crash.