What Happens If the Driver Who Hit Me Doesn't Have Insurance?

What Happens If the Driver Who Hit Me Doesn't Have Insurance?

By:  Derek Hays, Derek Hays Injury Law

 

One of the most common questions we hear at Derek Hays Injury Law is, "What happens if the driver who hit me doesn't have insurance?" It's a fair question and a common problem.  The answer may surprise you.

 

Although Georgia law requires drivers to carry liability insurance, not everyone follows the law. Others carry only the minimum coverage, which may not be enough to pay for serious injuries, medical bills, lost wages, and other damages after a crash. Fortunately, you may still have options.

 

 

Many drivers carry Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage as part of their own auto insurance policy. This coverage is designed to help protect you if the at-fault driver has no insurance or not enough insurance to fully compensate you for your injuries.

 

Unfortunately, many people don't realize the benefit of having UM/UIM coverage until they are involved in an accident with someone uninsured. Others mistakenly believe that using their own insurance will automatically increase their premiums or put them at fault. Every situation is different, which is why it's important to speak with an experienced personal injury attorney before making assumptions about your rights.

 

Where Can Uninsured Motorist Coverage Come From?

The policy covering the vehicle involved in the crash is often the first place to look, but it may not be the only possible source of coverage. Depending on the circumstances, another personal auto policy or a policy held by a resident family member may also apply. If you were driving for work, riding as a passenger or injured in a vehicle you did not own, additional coverage may be available.

 

A careful review of every potentially applicable policy is important. Insurance documents can be difficult to understand, and the declarations page does not always tell the full story. Policy language, exclusions, coverage limits and the specific facts of the collision can all affect which benefits are available.

 

What If the Driver Fled the Scene?

Uninsured motorist coverage may also apply after a hit and run accident when the responsible driver cannot be identified or located. These cases require prompt action because video footage, witness information and physical evidence can disappear quickly. Report the crash to law enforcement, photograph the scene and vehicle damage, gather contact information from witnesses and seek medical care as soon as possible. You should also notify your insurance company, but speak with an attorney before providing a recorded statement or accepting a settlement.

 

Your Insurance Company May Still Challenge the Claim

Even though UM and UIM benefits come from your own policy, your insurance company may still investigate the claim, dispute who caused the collision or question the severity of your injuries. It may also argue that certain treatment was unnecessary or that your injuries were caused by something other than the crash.

 

This is why an uninsured motorist claim should be supported by strong evidence. Medical records, photographs, witness statements, accident reports, video footage, employment records and expert opinions may all be needed to establish fault and document the full value of your losses.

 

What Compensation May Be Available?

Depending on the policy and circumstances, a UM or UIM claim may provide compensation for:

• Medical expenses
• Future medical treatment
• Lost income
• Reduced earning capacity
• Pain and suffering
• Permanent disability
• Property damage
• Other accident-related losses

At Derek Hays Injury Law, we carefully review every available insurance policy to identify all possible sources of compensation. We also document the full impact of the accident, including current medical expenses, future care needs, lost income and the ways the injuries have affected your daily life. Do not assume you have no case simply because the other driver was uninsured. Before accepting a settlement or deciding there is no coverage available, let us review your accident and insurance policies. 

 

If you've been injured in a car accident, don't assume you have no case simply because the other driver was uninsured. You may have more options than you realize.

 

Attorney Derek Hays has represented injured Georgians since 1997 and has recovered more than $175 million for his clients. If you've been injured in an accident, call Derek Hays Injury Law at 404-777-HURT (4878) or visit www.derekhayslaw.com to learn more.