What Should You Do If the Driver Who Hit You Had No Insurance…Or Not Enough Insurance?

The Insurance Research Council estimates that up to 11 percent of Georgia drivers lack insurance coverage. These uninsured individuals constantly put others at risk, leaving them on the hook for financial damages when collisions inevitably occur.

If the other person involved in your recent crash failed to maintain a mandated insurance policy, hope is not lost; you may be able to secure compensation for your accident. Additionally, you can take steps to ensure that you are prepared for future incidents with uninsured drivers.

Uninsured and Underinsured Motorist Coverage

Uninsured motorist coverage (UMC) protects motorists involved in accidents with those who drive without proper insurance. Underinsured motorist coverage (UIMC) is similar, but designed to accommodate crashes involving drivers who obtain the bare minimum — $25,000 in bodily injury liability for one person involved in a collision, $50,000 for all those in a single accident, and $25,000 in property damage liability, as mandated by Georgia law. The state does not, however, require drivers to purchase UMC or UIMC coverage — these are strictly optional. Insurance companies often hesitate to provide fair compensation for those with UMC or UIMC policies, so be prepared for a fight.

Taking Your Case to Court

If the other driver was responsible not only for your financial woes, but also for the accident itself, personal injury litigation may be possible. A skilled attorney can help you prove that the responsible party behaved negligently not only by failing to obtain necessary insurance, but also by exhibiting other reckless behaviors (such as speeding, running through stoplights, or driving under the influence of alcohol) behind the wheel. Consult with a trusted attorney to determine whether litigation is a potential approach.

Struggling to obtain compensation in the aftermath of an accident with an uninsured or underinsured driver? Get in touch with Smith, Wallis and Scott, LLP today to learn more about your options.

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