The shock of being hit by a careless driver only gets worse when you find out their insurance is nowhere close to covering your bills. At Jones & Swanson, our Marietta car accident lawyers help injured clients take advantage of the underinsured motorist coverage on their own policies when the at-fault driver cannot pay what they owe.
We have over 50 years of combined experience handling cases like yours and have won more than $50 million in damages for injury victims in Marietta and throughout the state of Georgia. Our underinsured motorist lawyers in Marietta will help you explore your options and pursue the damages you deserve.
Understanding Uninsured Motorist Coverage
Georgia requires that drivers carry a minimum amount of liability auto insurance to help pay for any injury they cause in an accident. If you have uninsured motorist (UM) insurance coverage, you may be able to pursue a claim with your own insurance company.
The laws about claims filed under your UM coverage can be challenging to comprehend, but it’s essential to understand the vital protection UM can offer. Our Marietta personal injury lawyers have years of experience handling claims involving multiple insurance policies and can help review your claim to determine what coverage is available to you.
Underinsured motorist coverage will typically cover accidents involving hit-and-run drivers who can’t be identified and drivers who have no insurance or whose insurance is insufficient to cover all of those who have been injured.
Many times, victims of accidents are unaware that such coverage exists, but Georgia law requires that insurance companies make UM coverage available to you when you purchase your policy.
What’s the Difference Between UM and UIM Coverage?
Uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage are often sold together as a single line item on your auto policy. Most drivers do not realize they are two different protections. For instance:
- UM coverage applies when the at-fault driver has no auto insurance at all, or when the driver flees the scene and cannot be identified after a hit-and-run. Your UM coverage steps in and pays the damages that the missing or uninsured driver should have covered.
- UIM coverage applies when the at-fault driver does have insurance, but the limits on their policy are not enough to cover what you lost. If a careless driver carries the Georgia minimum of $25,000 in bodily injury coverage and your medical bills run to $90,000, for example, your UIM coverage can fill the gap up to the limits on your own policy.
Our Marietta underinsured motorist attorneys will look at both coverages on your policy, identify every dollar available, and pursue the full damages you and your family deserve.
Who Is Covered Under Your UM or UIM Policy?
Most Georgia drivers have no idea how broad their UM/UIM coverage actually is. Georgia law requires insurers to extend UM/UIM coverage to a defined circle of people connected to your household and to your car. Your insurance policy should provide UM coverage to you and the following individuals:
- Your spouse
- Anyone using your car with your consent
- Any passengers who are in the car
- Relatives of you and your spouse who are living in the same household
If you or someone close to you was hurt by an uninsured or underinsured driver, do not assume your coverage does not apply just because you were not the named policyholder. Our uninsured motorist lawyers in Marietta will review your policy, identify everyone eligible to file a claim, and fight for the best outcome possible.
Why You Need a Lawyer for a UIM Claim
UIM claims are different from a normal car accident case because you are dealing with your own insurance company rather than the at-fault driver’s. That said, the carrier that has collected your premiums for years will likely treat you as an adversary the moment you file.
Without a trusted Jones & Swanson attorney on your side, it is easy to give up coverage you are entitled to or accept far less than your claim is worth. Here’s how our Marietta underinsured motorist lawyers will help you get the results you deserve after a collision:
- Pull your full auto policy and any other household policies to identify every dollar of available coverage
- Determine whether you can stack multiple UIM policies
- Send the proper notice to your UIM carrier within the timelines the law requires
- Exhaust the at-fault driver’s policy first since UIM coverage usually kicks in only after their policy limits are met
- Document every medical bill, missed paycheck, and non-economic loss so the carrier cannot undervalue your claim
- File a lawsuit if your UIM carrier refuses to pay what your claim is worth
Damages Our Marietta Underinsured Motorist Attorneys Will Pursue for You
A UIM claim allows you to recover the same kinds of damages a normal personal injury claim would, but only after the at-fault driver’s coverage has been exhausted. Our team will document all your economic and non-economic losses, calculate how much you’re owed, and work tirelessly to recover the following damages for you:
- Emergency medical bills
- Current and future treatment costs
- Physical therapy expenses
- Vehicle repair costs
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress and post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
Insurance carriers will fight to pay as little as possible on your UIM claim, even when you are a policyholder who has paid premiums for years. Our Marietta underinsured motorist law firm will stand by you throughout every step of your case and work towards the best settlement possible.
Common Reasons Insurers Deny UIM Claims
One of the most common tactics UIM carriers use to deny your claim is blaming your injuries on a pre-existing condition. Our underinsured motorist attorneys in Marietta will work with your treating doctors to draw a clear line between what you were dealing with before and what the wreck caused.
Insurance companies also routinely challenge the necessity or cost of your medical treatment. Our team will document why every step of your care was necessary and push back against any paid reviewer trying to discount it.
A third common denial reason is missed notice. In this situation, the carrier claims you waited too long to notify them about the crash or failed to satisfy some other condition in the policy. Our attorneys will read every line of your policy, send proper notice within the required timeframe, and make sure we don’t give the insurer any excuses to deny your claim.
Steps to Take After an Underinsured Motorist Crash
Getting everything you’re owed after an accident with an underinsured driver can be difficult. In addition to hiring an experienced Jones & Swanson Marietta underinsured motorist lawyer, there are several steps you should take to strengthen your claim and assist your physical recovery.
Our firm recommends taking the following actions soon after a crash with an uninsured or underinsured driver:
- Call 911 and request medical attention.
- See a doctor right away, even if you aren’t in pain.
- Take photos of the vehicles involved in the crash, license plates, and any visible injuries.
- Exchange insurance and contact information with the at-fault driver.
- Get the names and phone numbers of every witness on scene.
- Report the crash to your own auto insurance carrier without speculating about fault.
- Avoid giving a recorded statement to the at-fault driver’s insurance company.
- Do not accept a quick settlement before you’ve met with a Jones & Swanson attorney.
- Keep every medical bill, repair receipt, and document tied to your losses.
- Don’t post about the crash or your injuries on social media platforms.
Once you’ve taken these steps, it’s important that you hire a lawyer from our firm soon. There are deadlines that may apply to your case, and getting started on the legal process early will help ensure you aren’t denied the compensation you’re owed for failing to meet time-sensitive requirements.
Statute of Limitations for Underinsured Motorist Lawsuits in Marietta
Georgia gives you a limited window to take legal action after a crash with an underinsured driver. Under Georgia Code § 9-3-33, you have two years from the date of the crash to file your personal injury lawsuit. Wrongful death claims arising from an underinsured motorist wreck have the same two-year deadline.
If you don’t meet this important filing requirement, you’ll be left without the compensation you need to cover medical bills, repair your vehicle, and get your life back on track. If you hire our underinsured motorist accident lawyers in Marietta soon, we’ll be able to investigate your crash, build your case, and file a lawsuit on time.
How Long Will My UIM Claim Take?
There is no single answer to how long a UIM claim takes. Some cases are wrapped up in several months, while others can last up to a year or more. The length of your case depends on the details of the accident and how the insurance company chooses to respond.
The factors that impact case length the most include:
- How severe your injuries are
- How long it takes to exhaust the at-fault driver’s liability policy
- The number of insurance policies in play
- Whether your UIM carrier claims that pre-existing conditions are at play
- Whether the carrier demands an independent medical exam
- How quickly the carrier responds to documentation and negotiation efforts
- Whether your case has to be filed in court
Our Marietta underinsured motorist lawyers can review the details of your case and give you a clearer picture of the expected timeline. Schedule a free consultation with us today to learn more about the claims process and take the first step toward your recovery.
Why Choose Our Underinsured Motorist Law Firm in Marietta
UIM cases are won by lawyers who know the insurance company’s playbook and refuse to let it work. Andrew W. Jones, M. Chase Swanson, and Rutledge W. Jones built Jones & Swanson to handle exactly that kind of work. We treat the people behind every case the way we would want our own family treated, working tirelessly to get damages and justice.
Here’s why injury victims in Marietta and throughout the state of Georgia choose our team:
- We have been practicing personal injury law in Marietta since 1995.
- You work directly with an experienced attorney, a paralegal, or a junior associate.
- Our team returns your calls and keeps you informed throughout the claims process.
- If you don’t have health insurance, we connect you with medical providers who treat injured patients on a lien basis.
- We will travel to your home or hospital if your injuries make coming to our office difficult.
- We are a smaller, hometown firm, so your case gets the personal attention it deserves.
- We handle every case on a contingency fee basis, which means you owe nothing unless we recover damages for you.
Put Us On Your Side Today
If you’ve been injured in a car accident, you should not wait to seek legal help. There is a statute of limitations for filing claims after an accident, and often, courts will not hear your case if you miss these deadlines.
At Jones & Swanson, our mission is to help successfully guide our clients through the process while ensuring that their rights are protected every step of the way. Contact us today to schedule a free consultation, learn more about the claims process, and get started on your case with our trusted underinsured motorist lawyers in Marietta.
