According to the Insurance Information Institute (III), about one in eight drivers are uninsured despite legal requirements that they carry minimum levels of auto liability coverage. Being involved in an accident with one of these drivers can result in a serious headache for injured victims.
That’s where uninsured/underinsured motorist (UM/UIM) insurance kicks in. If you purchased this kind of insurance, the first thing to do after a covered accident is file a claim with your insurer. Underinsured motorist coverage pays for your injuries and losses when an at-fault driver’s liability insurance is insufficient. Uninsured motorist coverage does the same when the at-fault driver has no liability coverage at all.
If you are hurt by an uninsured/underinsured driver, it is also a good idea to consult with an experienced attorney to make sure you know your rights and are not taken advantage of by insurance company adjusters eager to deny your claim. At Sherrod & Bernard, P.C., our skilled legal team is standing by to help. Contact us today for a free consultation with an experienced Georgia personal injury lawyer.
What Auto Liability Insurance are Drivers Required to Carry in Georgia?
As in most states, drivers in Georgia are legally required to carry minimum levels of auto liability insurance. This kind of insurance covers injuries and damages sustained by occupants in other vehicles when you cause an accident. The legal minimums are as follows:
- $25,000 per person in bodily injury liability coverage
- $50,000 per accident in bodily injury liability coverage
- $25,000 per accident in property damage liability coverage
What Are the Penalties for Noncompliance?
Drivers in Georgia are required to carry proof of insurance. Failure to do so can result in license suspension and criminal penalties. Specifically, the governing statute provides that “any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200 nor more than $1,000 or imprisonment for not more than 12 months, or both.” It is also illegal to “knowingly make a false statement or certification” that you carry legally-mandated insurance.
Is Uninsured/Underinsured Motorist Coverage Required in Georgia?
No, UM/UIM coverage is not legally mandatory in Georgia. That said, all drivers should seriously consider including this kind of coverage as part of their auto insurance if they can. In addition to providing peace of mind, it will act as a financial safety net in the unfortunate event the at-fault driver in an accident you are involved in has insufficient or nonexistent liability coverage.
Even though drivers are not legally required to purchase UM/UIM coverage, insurance companies must offer it to all customers purchasing a new auto liability policy. They must offer it in amounts at least equal to the minimum levels of auto liability insurance required by law. Customers are free to purchase higher levels if they choose. However, if they instead choose to purchase none, they must decline in writing.
What Does Uninsured/Underinsured Motorist Insurance Cover?
In general, UM/UIM insurance covers the same things as auto liability insurance. This makes sense since UM/UIM coverage is meant to kick in precisely when auto liability insurance will not get the job done. That said, insurance policies are littered with fine-print exclusions and should be read carefully to make sure you know exactly what coverage you are entitled to. In most cases, a UM/UIM policy will cover things like:
- Medical bills
- Lost income due to your injuries
- Physical pain and suffering
- Loss of consortium
- Wrongful death
- Property damage repair or replacement
Notably, in many cases, Georgia law allows you to “stack” multiple insurance policies. For example, if a car accident leaves you with $200,000 in damages but the at-fault driver only has minimum levels of auto liability insurance, you may be able to cover the remainder through your UM/UIM policy.
Does Uninsured Motorist Insurance Cover Hit-and-Run Accidents?
Yes. If the at-fault driver cannot be found after a hit-and-run accident, insurance companies will normally process your claims as though the absent driver was uninsured.
Are There Other Routes Toward Compensation After an Accident with an Uninsured/Underinsured Motorist?
There are a number of other avenues toward securing legal compensation in the event of a motor vehicle accident with an uninsured/underinsured driver. This section explores a few.
- Personal Injury Protection (PIP) Insurance – This kind of auto insurance provides coverage regardless of who is at fault for an accident. It covers things like medical expenses, disabilities, and lost wages.
- Medical Payments (MedPay) Insurance – Like PIP insurance, this kind of insurance provides coverage regardless of who is at fault for an accident. However, the coverage is typically less expansive. Medical expenses are covered, but things like lost wages are not.
- Collision Coverage Insurance – Collision insurance is not legally mandatory in Georgia. However, when borrowing money to purchase a car, many lenders require that you purchase collision coverage. This kind of auto insurance pays for vehicle damage regardless of who is at fault for an accident.
- Comprehensive Coverage Insurance – Comprehensive insurance is also not legally required. However, like collision coverage, it may be required by lenders when borrowing money to purchase a car. This kind of auto insurance provides coverage for vehicle damage caused by things like vandalism, fire, theft, and floods.
- Filing a lawsuit – Finally, you could always proceed directly to filing a lawsuit against the at-fault party. In most cases, you must do so before two years pass after the date of the accident. If the defendant does not have enough liquid assets to pay you the compensation ordered by a court, you can try to obtain a judgment lien on their property. Proceeds from selling the encumbered property can then be used to satisfy the judgment.
Contact a Georgia Uninsured Motorist Accident Lawyer Today
If you were injured by an uninsured/underinsured driver, you do not need to face the legal aftermath alone. At Sherrod & Bernard, P.C., we have helped injury victims throughout Georgia secure the compensation they deserve. We are ready to do the same for you. Contact us today to schedule a free consultation with a knowledgeable Georgia personal injury lawyer.
