What happens when you get into an accident and the other driver is uninsured? Can you still file for damages? We will get to these questions in just a moment, but let us first look at why driving without insurance is a terrible idea.
Georgia Minimum Insurance Requirements
The state of Georgia requires that all drivers have auto insurance with the following coverage:
- Bodily injury liability – $25,000 per person and $50,000 for multiple people; and
- Property damage liability – $25,000 for once incident.
Driving your car or truck without these minimum requirements could lead to a fine and a suspension of your license. Additionally, driving without insurance puts you at great risk should you get in an accident.
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What to Do When the Other Party Does Not Have Insurance
But let us assume you have insurance. So what can you do when the other party in an accident is uninsured? Well you can file for damages. The other person’s insurance has nothing to do with your ability to sue.
But there are two outcomes to be aware of when filing against an uninsured driver. The first is that you may win, and damages will be applied to the offending party. But what if that person is broke? Well the trouble in this case will be in collecting the damages. A person cannot pay if they have no money. Which is why it is all the more important that you have good insurance.
Your own insurance policy can cover you against uninsured drivers and typically, companies provide separate sections for just such claims. A UIM, or Underinsured Motorist insurance policy will cover you in the event that you are in an accident with an uninsured driver. These UIMs often only cover medical damages and not the damage to your car.
Important Steps to Take
When filing a claim with your own insurance agency regarding an uninsured motorist, it is critical that you file the claim as soon as possible after your accident. Some policies only allow uninsured claims up to 30 days from the date of the accident. So it is best not to wait when filing this type of claim.
Also, when filing an uninsured motorist claim, the insurance company is most likely going to heavily investigate your medical treatment and exact damages. They will do this because the insurance company will be paying directly out of their bank account. There is no other party from which they can go collect the money, and no one to sue. So they scrutinize every aspect of these types of claims.
It is required that the insurance company take and investigate your claim in good faith. This means that they must accept that the claim you are making is essentially true. The insurance company must take your word for what you say happened. If they do not act in good faith, you can make a different type of claim that they are not upholding their end of the contract you have with them.
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Because of these reasons and more, the best strategy is to make sure you have good auto insurance and good representation to make sure the insurance pays. You cannot control all the other drivers on the road, and cannot assume they have strong or any insurance. Please contact the Law Offices of Roger Ghai, P.C. at 770-792-1000 for information about all your rights.
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