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What to Do When Hit by an Uninsured/Under-Insured Motorist

The Harding Law Firm, LLC
Sad man after car accident

Under Georgia personal injury laws, auto accident victims are often entitled to pursue compensation by filing an insurance claim or lawsuit against the at-fault driver. However, recovering damages after the incident can become quite complex if the at-fault other driver is uninsured or underinsured. If this is your case, consulting with a Georgia personal injury attorney is beneficial to explore your available options to seek damages. 

The skilled attorneys at The Harding Law Firm, LLC are ready to support and represent clients in their auto accident cases. Attorney Todd A. Harding and his reliable legal team can review every aspect of your situation and inform you about the next steps to take if hit by an uninsured or under-insured motorist. Also, they can fight  for your rights and seek to recover your deserved financial compensation. The firm proudly serves clients across Griffin, Lamar County, Butts County, Henry County, Monroe County, and Spalding County, Georgia. 

Required Insurance Coverage in Georgia

Under Georgia laws, motorists across the state must have a minimum amount of liability insurance with the following coverage limits: 

  • $25,000 liability coverage for bodily injuries per person. 

  • $50,000 liability coverage for total bodily injuries per accident involving more than one person. 

  • $25,000 liability coverage for property damage per accident. 

  • Uninsured motorist bodily injury (UMBI) coverage – $25,000 per person and $50,000 per accident. 

  • Uninsured motorist property damage (UMPD) coverage – $25,000 per accident. 

The basic liability insurance policy will cover the medical expenses, property damages, and other accident-related losses suffered by the accident victims up to the coverage limits. 

Liability for Car Accidents in Georgia

Georgia is known as an "at-fault" state for auto accidents. According to the state's at-fault laws, the driver responsible for the traffic crash (the at-fault party) will hold financial and civil liability for bodily injuries, property damages, and other accident-related expenses incurred by the accident victims. 

Options for Filing a Claim

In order for you to pursue compensation, the plaintiff can proceed by: 

  • Filing a first-party claim with their own insurance carrier. 

  • Filing a third-party claim with the at-fault driver's insurer. 

  • Filing a personal injury lawsuit against the at-fault driver in civil court. 

A seasoned Georgia car accident attorney can evaluate your possible options to recover damages and decide the ideal way to proceed when the at-fault driver is uninsured or underinsured. 

Uninsured or Underinsured Motorist Provision

An uninsured motorist policy isn't a mandatory insurance coverage in Georgia. Nonetheless, Georgia law requires auto insurance providers across the state to offer the following uninsured coverage options to motorists: 

  • Uninsured motorist bodily injury (UMBI) coverage – $25,000 per person and $50,000 per accident. 

  • Uninsured motorist property damage (UMPD) coverage – $25,000 per accident. 

These uninsured motorist coverage options will help pay for medical expenses, lost wages, and car repairs or replacement if you're involved in a traffic collision caused by a driver who is uninsured or underinsured. An experienced auto accident attorney can fully explain what to do when hit by an uninsured motorist and help you navigate key decisions. 

Steps to Take if You Were Hit by an Uninsured/Under-Insured Motorist

If you were in an accident involving an underinsured or uninsured motorist, you should take the steps below, where possible: 

  • Stay calm. Carefully leave your vehicle and get to safety. 

  • Seek prompt medical help for your injuries from an experienced physician. 

  • Report the accident to law enforcement. Georgia law requires drivers involved in an accident that causes an injury, death of a person, or property damage of more than $500 to report to the local police department. 

  • Exchange relevant information with the other driver, such as the driver's name, phone number, insurance information, address, license information, and vehicle registration. 

  • Gather and document the police report, witness statement, accident scene photos, medical records, required evidence, and your personal account of the traffic crash. 

  • Notify your insurance provider about the incident. 

  • Hire a skilled lawyer to help you file an uninsured motorist claim with your own insurer and help negotiate a fair settlement. 

When you're hit by an underinsured or uninsured motorist, filing a third-party claim or lawsuit against the at-fault driver is never advisable. This is because you can only take from the money that the at-fault party has. However, in most cases, an underinsured or uninsured driver may not have enough to cover your damages. Therefore, your best option to seek damages remains filing an uninsured motorist claim with your own insurer provider.   

Get Help From a Knowledgeable Attorney 

Being involved in an accident can be difficult and overwhelming. However, your situation can become more complicated if the at-fault driver is underinsured or uninsured. Since 2006, The Harding Law Firm, LLC, has been offering compassionate representation and skilled legal guidance to clients in their car accident cases. 

As your legal counsel, they can review every aspect of your unique circumstances, estimate your case value, and help file your uninsured motorist claim. In addition, Attorney Todd A. Harding and his trusted legal team will fight vigorously for your rights and help you seek fair financial compensation to cover your medical costs, lost wages, and other possible damages. 

Contact The Harding Law Firm, LLC, today to schedule a simple case evaluation with experienced personal injury lawyers. The skilled lawyers at the firm can guide you through the complex procedures involved in filing uninsured motorist claims and recovering damages. The firm proudly serves clients across Griffin, Lamar County, Butts County, Monroe County, and Spalding County, Georgia.