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What To Do If You’re Hit By An Uninsured Driver In Atlanta

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Being hit by an uninsured driver in Atlanta is a frustrating and painful experience. With no insurance to cover your losses, you may feel unsure about what steps to take next. Fortunately, Georgia law provides victims with legal avenues for recovering financial compensation. Whether you have uninsured motorist coverage or need to explore other legal remedies, understanding your options is important. Also, taking the correct actions immediately after an accident can help protect your claim and make sure that you receive the compensation your case deserves. 

In Georgia, all drivers are required to carry a minimum level of auto insurance under O.C.G.A. § 33-7-11, which includes liability coverage to pay for injuries and damages caused to others. Unfortunately, not everyone follows this law, leaving injured drivers vulnerable. When you’re hit by an uninsured driver, it’s important to take action to protect your rights and hold the at-fault party accountable. Working with an experienced attorney can help you explore all avenues for recovering your losses, from your own uninsured motorist policy to pursuing a personal injury lawsuit.

Steps To Take After Being Hit By An Uninsured Driver

  1. Call The Police – Report the crash to the police. A police accident report will document the details of the collision and serve as valuable evidence when pursuing your claim.
  2. Seek Medical Attention – Seek medical care immediately, even if your injuries seem minor. 
  3. Gather Evidence At The Scene – Take photos of the accident scene, damage to your vehicle, and any visible injuries. Collect contact information from any witnesses.
  4. Notify Your Insurance Company – If you have uninsured motorist (UM) coverage, notify your insurance company promptly. UM coverage can help pay for your medical bills, property damage, and other losses when the at-fault driver is uninsured.
  5. Consult An Attorney – Dealing with an uninsured driver can be complicated. An experienced auto accident attorney can evaluate your case, negotiate with insurance companies, and help you explore additional legal options for compensation.

Legal Remedies For Recovering Compensation

Under Georgia law, uninsured motorist coverage is optional but highly beneficial. If you carry UM coverage, your policy can compensate you for your injuries and damages when the at-fault driver lacks insurance. UM coverage can also apply if the at-fault driver flees the scene and cannot be identified.

If you do not have UM coverage, you may still have options. Georgia law allows accident victims to pursue a personal injury lawsuit against the at-fault driver under O.C.G.A. § 51-1-6. This statute enables you to seek compensation for medical bills, lost wages, pain and suffering, and other damages caused by the uninsured driver’s negligence.

Uninsured Motorist Coverage Frequently Asked Questions

What Is Uninsured Motorist Coverage In Georgia?

Uninsured motorist (UM) coverage is an optional type of auto insurance that protects you when you are injured in an accident caused by a driver who does not have liability insurance. Under O.C.G.A. § 33-7-11, Georgia insurers must offer UM coverage, but policyholders can choose whether to include it in their policies. This coverage can pay for medical expenses, property damage, and other losses.

Can I Sue The Uninsured Driver For Damages?

Yes, you can file a lawsuit against the uninsured driver. Under O.C.G.A. § 51-1-6, accident victims in Georgia have the right to seek compensation from negligent drivers. However, even if you win your case, recovering compensation may be challenging if the driver lacks significant assets. An attorney can help assess the feasibility of a lawsuit and explore other options.

What Should I Do If The Uninsured Driver Offers To Pay Out Of Pocket?

If the uninsured driver offers to pay for your damages out of pocket, proceed with caution. Without a formal agreement or payment upfront, there is no guarantee that they will follow through. It is better to involve an attorney who can negotiate on your behalf and ensure your rights are protected.

How Does Uninsured Motorist Coverage Work In Hit-And-Run Accidents?

If you have uninsured motorist coverage, it can apply to hit-and-run accidents where the at-fault driver cannot be identified. Your policy may cover your medical expenses, lost wages, and other damages, depending on your coverage limits. Reporting the accident to the police is critical in these cases.

What If I Don’t Have Uninsured Motorist Coverage?

If you don’t have uninsured motorist coverage, you may still have options. You can file a personal injury lawsuit against the at-fault driver under Georgia law. Additionally, your health insurance or other types of coverage may help with medical expenses. Consulting an attorney can help you determine the best course of action.

How Long Do I Have To File A Claim Or Lawsuit In Georgia?

In Georgia, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident under O.C.G.A. § 9-3-33. However, insurance claims should be filed as soon as possible. Prompt action is essential to protect your rights and avoid missing important deadlines.

Call Our Atlanta Car Accident Attorney For Your Free Consultation

If you’ve been hit by an uninsured driver in Atlanta, you need experienced legal representation to protect your rights and explore your options for compensation. At Shani O. Brooks P.C., our firm is dedicated to helping accident victims recover from their injuries and financial losses. Our team will guide you through the legal process, negotiate with insurance companies, and fight for the compensation you deserve.

Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. Our office is located in Atlanta, and we represent injury victims and their families throughout the entire state of Georgia. Don’t wait—contact us today to get the help you need and deserve.

Shani O. Brooks Has Recovered Millions for Injury Victims Throughout the Greater Atlanta Area