Hit by an Uninsured Driver: What You Should Know

A car accident results in serious injuries and property damage – which means a lot of expensive medical bills and costs to repair your car. And when the police arrive to investigate the crash, you get a shock: you were hit by an uninsured driver. What can anyone, including a Fayetteville car accident lawyer do in this case?

This is a complex situation, indeed. But it is not a hopeless one. There are many factors to consider, and an experienced Fayetteville car accident lawyer will not leave anything out. Even if you were hit by an uninsured driver, there are still chances of recovery.

However, you must remember to do what the law requires at every step of the process. Also, you should not try to settle the matter directly with the uninsured driver. No matter how upset you are, let a skilled lawyer analyze your case and determine the best course of action.

All Drivers Must Carry Insurance in Georgia

Georgia is an at-fault state in all personal injury matters, including car accidents. This means that the injured party will recover their damages from the at-fault driver. For this reason, all drivers are obliged by law to carry liability insurance.

The minimum coverage requirements in our state are:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage.

Driving without insurance is a misdemeanor in Georgia, punishable by:

  • $25 fine plus $130 if the fine isn’t paid within 30 days
  • License suspension for 60 to 90 days
  • Up to one year in jail
  • In some cases, the vehicle will be impounded.

Despite these stiff penalties, 12.5% of all drivers in Georgia were uninsured, according to recent statistics.

How Can You Recover Damages after Being Hit by an Uninsured Driver?

Looking at the statistical data above, you have one in ten chances of being hit by an uninsured driver in Georgia. If this unfortunate situation happens, you need to contact a Fayetteville car accident lawyer as soon as possible.

There are various scenarios that will lead to a positive result – that is, recovering your economic damages from the at-fault driver or from a different party. Here are the most common instances:

1. You File a Personal Injury Lawsuit Against the Driver

This is probably your first idea after you find out that you were hit by an uninsured driver. However, a Fayetteville car accident lawyer will analyze the situation carefully before recommending this step.

The reality is that many uninsured drivers do not afford the monthly premiums. They work on the minimum wage and do not own valuable assets. Thus, you may not be able to collect the compensation amount awarded by the jury.

After you win a personal injury lawsuit, you will win an enforceable judgment. However, the court will not collect the proceeds and hand them to you. In this case, you will be left with the damages after the car accident AND with the legal costs.

However, it is also possible that the uninsured driver simply forgot to renew their policy. Insurers do not offer any grace period – not even one day. Thus, the next day after the policy expired, the respective driver is uninsured.

car accidents often result in expensive medical bills and property damage

2. You Recover Your Damages from the Driver’s Employer

In some cases, you could be hit by an uninsured driver who was doing their job duties. This is the case of couriers, delivery employees, or sales representatives. In this situation, their employer is vicariously responsible for your accident. As your Fayetteville car accident lawyer will explain to you, this legal principle means that an employer is responsible for their employees’ actions while they are on the job.

This is a fortunate situation, because all businesses insure themselves against this type of liability. Thus, you are likely to win the maximum compensation you are entitled to seek.

3. Your Lawyer Identifies a Different At-Fault Driver

Car accidents are almost never simple, with fault easily placed on one driver. In many cases, a surprising third party is found during the investigation of the circumstances of the crash. For instance, you were hit by an uninsured driver. But they swerved suddenly in order to avoid a vehicle that changed lanes suddenly, without signaling and without maintaining a safe distance.

In this instance, a Fayetteville car accident lawyer can argue that the reckless driver who changed lanes was more at fault than all the other drivers involved in the crash. Thus, based on the evidence, you will file an insurance claim against the reckless driver’s insurance.

4. The Accident Was Caused by a Defective Vehicle

Cars should be safe to drive and fully functional. Unfortunately, some vehicles are delivered with defective parts. If one of the critical parts, such as the brakes, the direction system or the tires, does not work properly, the driver cannot control the car.

In this case, they are not liable for an accident they may cause. Instead, the injured party will file a defective product claim against one of the following liable parties:

  • The producer of the part
  • The distributor or seller of the part
  • The car shop that performed maintenance on the car and failed to note the defective part.

5. You Have Optional Insurance Coverage

Finally, in the happiest of circumstances, you were prudent and purchased optional insurance coverage, such as:

  • Uninsured/underinsured motorist coverage
  • Collision coverage – which is mandatory if you are financing or leasing your vehicle
  • Medical payments coverage.

In this situation, the Fayetteville car accident lawyer will help you file a claim against your own insurance policy. Yes, even in this situation you should consider hiring a lawyer. You will not be treated more fairly on your own, even if you are dealing with your own insurer.

An Experienced Fayetteville Car Accident Lawyer Will Find a Solution!

Wade Law is a personal injury law firm with a combined experience of over 70 years. We have solved the most complex cases successfully. We’re here to help if you were hit by an uninsured driver.

Thus, your best chance of recovery is getting reliable legal advice from a Fayetteville car accident lawyer at Wade Law. We will not leave any aspect out when analyzing the evidence. If we believe that you have a case, we will represent you on a contingency fee basis. That means you pay nothing upfront.

Do not waste valuable time. Schedule a free case review with us by calling 770-282-1188!

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