Georgia law requires drivers to carry minimum levels of liability insurance to guard against the financial risks of an accident. Unfortunately, according to the Insurance Information Institute, Georgia recently ranked seventh among the states in numbers of uninsured drivers, with a staggering 18.1 percent. This means that if you’re in a car accident, there is an almost one-in-five chance that the other driver is uninsured. Even insured drivers often carry low levels of coverage that are insufficient to fully pay damages in a serious accident. In such cases, the process for you to be reimbursed is more complex. Fortunately, the car accident attorneys at Owens & Mulherin in Savannah are ready to help. Drawing on decades of experience, we implement effective legal strategies to help you obtain a satisfactory recovery.
When it comes to uninsured and underinsured drivers, your first recourse is your own auto insurance policy. Georgia law requires insurance companies selling auto policies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage. Insurers must offer this coverage at the legal minimum of liability coverage: $25,000 per person and $50,000 per accident for bodily injuries, and $25,000 for property damage. Policyholders can purchase additional coverage options or endorsements that may enhance UM/UIM protection, such as supplementary uninsured motorist (SUM) coverage or umbrella policies. This added coverage provides the peace of mind and financial security you need, knowing there are so many uninsured and underinsured drivers on the road. UM/UIM coverage also protects you in cases where you cannot identify the at-fault driver, such as a hit-and-run accident.
If you have UM/UIM coverage and the driver at fault for your car accident has too little liability coverage or none, you can file a claim with your own company. UM/UIM coverage can compensate you for medical expenses, lost wages, pain and suffering and property damage.
If you do not have UM/UIM coverage, your case becomes more complicated. You can sue the at-fault driver and get a judgment for your damages. But how do you collect the judgment when there is no insurance? If the driver has assets, such as a home or business, you can attach that property to satisfy your claim. This requires you to go back to court for an enforcement action. Unfortunately, most people who do not carry insurance are in that position because they cannot afford the premiums. They are unlikely to have significant assets to attach. But on rare occasions, the driver might have lost insurance because of a poor driving record and may have assets to cover the claim.
In some cases, it might be possible to bring suit against another defendant. For example, if the accident took place on a badly maintained road and the road conditions contributed to the accident, you could file a claim against the government entity in charge of the road.
An experienced auto accident attorney can advise you of your recovery options and take appropriate action to pursue your available remedies.
Owens & Mulherin in Savannah provides determined personal injury representation for victims of uninsured motorist accidents. Call us today at 912-212-2100 or contact us online to schedule a free consultation.