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What to do When Hit by an Uninsured Driver

Under Georgia law, all drivers are required to purchase at least the minimum automobile liability insurance limits to drive on the state’s public roads and highways. As of this writing, the minimum liability limits under Georgia law are $25,000 per person and $50,000 per occurrence for Bodily Injury Liability, and $25,000 per occurrence for Property Damage.

Liability insurance pays for others’ medical bills and property damage up to your policy limits when you’re at-fault for an accident. But what if it’s the other way around? What if the other driver is at-fault for the accident but he or she was not insured at the time of the crash? This is where Uninsured Motorist kicks in, assuming you opted for the additional coverage.

Hit by an Uninsured Driver?

Uninsured Motorist Insurance (UM) is not required under Georgia law, but you can include it in your policy, which we highly recommend. Even though all drivers are required to purchase liability insurance to drive legally in the state, unfortunately, there are drivers who intentionally disobey the law or accidentally let their insurance lapse.

When you elect to purchase Uninsured Motorist Insurance, it protects you if an uninsured driver causes an accident and damages your vehicle or injures you or your passengers. It can also protect you in the event that an at-fault driver is under insured – making up the difference in damages if it is more than their policy limits.

Steps to Take After a Crash

If you have Uninsured Motorist Coverage, you would turn to it if you were hit by an uninsured driver if it is determined that the accident was his or her fault. Often, it’s not worth it to file a personal injury lawsuit against an uninsured driver, unless they have significant assets or there’s a way to get them to compensate you through a judgement.

Generally, it’s more practical to file a UM claim against your own automobile insurance company instead of pursuing the uninsured driver. UM coverage applies when you’re hit by an uninsured driver who is deemed at-fault for the crash.

If you believe you were hit by an uninsured motorist, contact an attorney from our firm immediately. We’ll discuss contacting your insurance company promptly to inform them of the accident and your intent to file an uninsured claim.

Some insurance companies have strict deadlines for such claims, so if the other driver refuses to give you their insurance information or if they “can’t find it,” or even if they tell you they’re insured, act quickly by calling Jones & Swanson and we’ll help you get the uninsured motorist claim started.