Injured by an uninsured driver? We’ll help you get the compensation you deserve.
UNINSURED AND UNDERINSURED MOTORISTS – WHAT ARE YOUR OPTIONS IF HIT BY A DRIVER WITH NO INSURANCE OR NOT ENOUGH INSURANCE TO COMPENSATE YOU FOR YOUR INJURIES?
In Georgia, the law requires all drivers to carry vehicle insurance. However, some drivers may only have minimum coverage, and there are still those who break the law and drive without any insurance coverage at all. What happens if you are hit by an uninsured or underinsured driver? First you need to find out what insurance coverage the other driver has, if any. Then you must determine whether there is sufficient coverage to compensate you for your injuries.
What is an uninsured or underinsured case (also called UM)? An uninsured situation arises when the driver who hit you does not have liability insurance. An underinsured situation arises when the other driver does not have enough coverage to compensate you for your loss.
How do you know if you are facing a UM situation? This is a difficult question to answer. Sometimes you cannot find out if the driver who hit you is insured or not until you have seen the accident report, and sometimes even then you will not know until contacting the other driver’s insurance company because the policy may not have been effect at the time of the accident or there is some other policy exclusion. Even if you know the other driver has insurance, you will not know whether you are facing an underinsured situation until you are able to fully evaluate the value of your case under Georgia law and compare your loss to amount of liability coverage carried by the other driver.
If you or a loved one has been involved in an accident with an uninsured or possible uninsured driver and would like to speak to an attorney about how to handle this difficult situation, please contact us at your earliest convenience. We have achieved significant results for our prior clients in handling uninsured or underinsured cases.
Here are some testimonials from satisfied clients we have represented in the past.
The experienced lawyers at the Bennett Law Group can help you find other options to compensate you for your loss. One option is to find out if you have uninsured/underinsured coverage under your policy with your own insurance carrier. This is the purpose of paying for this option when you purchase the policy. At Bennett Law Group we believe the relatively small cost of choosing UM coverage is well worth the security it provides you and your family if you are hit by a driver without insurance or not enough insurance. The complex issues regarding types of UM coverage and how they work to help compensate you for your loss is a specialty area the lawyers at the Bennett Law Group can help you navigate.
Another option is to determine whether you have medical payments (or Medpay) on your own policy. If so, this coverage can help you pay your medical expenses. Even if you are at fault in the accident, you may still be able to use your Medpay coverage to pay your medical expenses.
Another complex area the Bennett Law Group can help you with when dealing with an UM driver is to help you determine if your case gives rise to an underinsured claim. Most insurance policies, likely including your own, have conditions that require you to notify your insurance company in a timely matter that you have an underinsured situation. At the Bennett Law Group we can help you evaluate your case and determine if you are facing an underinsured situation, and then provide proper notice to your insurance company to make sure the UM coverage under your policy is triggered and available to compensate you.
The lawyers at the Bennett Law Group also specialize in trying to determine if there are additional possible persons or companies who may also be responsible for your loss. If the primary other driver is underinsured or underinsured, we can analyze the situation from a legal perspective to determine if another entity is also responsible. If they are also responsible, that additional person or company may have sufficient insurance coverage. The other potential at-fault defendants could be the driver’s employer, the government responsible for the roadway, signage and traffic control devices, a previously unknown additional driver and a number of other entities. The Bennett Law Group has the expertise, experience and know-how to investigate the issues and help you find additional insurance coverage for your loss.
Our lawyers can also help you determine if there is more than one policy of UM coverage available to you. This is called “stacking” UM policies. If there are multiple vehicles in your household that have UM coverage, sometimes you can stack these policies to provide additional coverage. There are also new provisions under Georgia law that allows certain policies to be “add-on”, which may again provide you with additional coverage.
A final option is to sue the other driver and try to recover for your losses from their personal assets. The Bennett Law Group is a trial law firm and has the experience and resources to litigate your case if that is best option. However, a lawsuit against a person without insurance is difficult proposition. Chances are that a person who cannot afford car insurance on their vehicle most likely will not have any money to pay your expenses from the accident
If you or a loved one has been involved in an accident with an uninsured or possibly underinsured driver and would like to speak to an attorney about how to handle this difficult situation, please contact us at your earliest convenience.
Here are some of the significant results we have accomplished for our prior clients in handling uninsured or underinsured cases.
If you are involved in an auto accident, observe these guidelines:
- Have the protection in place that you need (uninsured motorist coverage in addition to your liability policy)
- Get medical treatment quickly for any injuries that you may have sustained. Keep all medical documentation and all medical bills.
- Don’t talk to the insurance companies. Let your attorney handle all correspondence and communication with them.
- Talk to an attorney to ensure that you have the legal representation you need to be fully compensated for your injuries and losses.
If you have been involved in an accident and have been injured through no fault of your own, call our attorneys here at the Bennett Law Group. We have over 50 years of experience representing victims of car accidents in Atlanta and throughout the state of Georgia. Trying to deal with insurance companies on your own without legal representation is like going into a gun fight with a knife. We will do everything within our power to ensure that you receive the maximum compensation possible for your pain and suffering, medical expenses, lost wages and the costs of future medical treatment. Contact us online or call at 404.541.9330. We will sit down with you free of charge and discuss the details of your individual situation. We look forward to hearing from you.