Can You Sue an Uninsured Driver in Georgia?

Usually, when we get into a car accident, we file a claim against the other driver’s insurance company. Our claim is paid within a week or so and we go about our business. We don’t have to worry about taking any legal action.  However, there are times when this isn’t an option. Either your insurance claim is denied, or the other driver is an uninsured driver. Although the law states that you must carry auto insurance if you drive in Georgia, not everyone follows the law.

There are a lot of people who drive without a license. Even more drive without insurance. They know that they’ll probably get caught. Some even drive on a suspended or revoked license all the time. They just keep paying fines and continue to break the law.

Driving without insurance may seem like a victimless crime. But when you’re the one who gets hurt in a car accident, it doesn’t feel so victimless. It feels like the end of the world. You have no idea how you’re going to pay your bills or take care of your family.

Thankfully, there is legal action you can take against an uninsured driver in Georgia. You can contact a Carrolton car accident attorney to help you do this.

Your Carrolton Car Accident Lawyer Can Appeal Most Insurance Denials

If your insurance claim is simply denied, your car accident attorney may be able to appeal it. Car insurance claims are denied for all sorts of reasons. Some of these are:

  • The driver wasn’t listed on the policy
  • The policy wasn’t valid or had lapsed for non-payment
  • The insurance company believes you caused the accident
  • They don’t believe your injuries were caused by the accident

Your car accident lawyer can appeal most insurance denials. However, if the reason for denial is that the policy wasn’t valid, there is nothing your attorney can do. No insurance company is going to pay out a claim on an invalid policy.

This is why almost all drivers carry uninsured driver insurance. This is provided through your own auto insurance policy. It provides limited coverage in cases where you’re injured by an uninsured driver. However, coverage is limited.

Your Carrolton Auto Accident Lawyer Will Help You File Your Uninsured Driver Claim

You should have uninsured motorist’s coverage under your own auto policy. This insurance, while handy, does have its limitations. In fact, the coverage provided by this type of insurance is very low. The coverage is typical as follows:

  • Uninsured Motorist Bodily Injury Coverage: Pays for your medical bills caused by the accident. This includes things like hospital visits, surgery, and other medical care. Most policies limit this coverage to either $25,000 or $50,000 per person. The total amount of coverage is usually no more than $100,000 per accident.
  • Uninsured Motorists Property Damage Coverage: This covers the costs of replacing or repairing your car. Depending on the limits of your policy, this could be as low as $5,000 or as high as $15,000. It depends on what policy you choose when you get your insurance.

The problem is that uninsured motorist’s coverage usually doesn’t cover all of your expenses. Your hospital bills could be a lot more than $50,000. And, if passengers in your car were also hurt, the bills could easily exceed the $100,000 limit.

So, what do you do when the policy doesn’t cover all of your expenses? Well, you’ll have no choice but to file a lawsuit against the driver.

Carrolton Car Accident Attorneys Can File a Lawsuit on Your Behalf

If your insurance doesn’t cover all of your damages, you can file a lawsuit against the other driver. Usually, if someone is uninsured, they won’t even respond to your lawsuit. You could end up with a default judgment. Although this sounds great, it isn’t as good as you may think.

Even if you win your suit against the other driver, you may never see a dime. This is because judgment is only as good as the paper it’s printed on. If the driver doesn’t have any assets, you may be out of luck.

To actually collect any money from the defendant, you need to collect on your judgment. This can be very difficult. Your lawyer will do everything he can to get you your money. This may mean he has to do the following:

  • File a lien against their property
  • File a wage execution
  • Apply for a bank levy

Keep in mind, most people don’t have the kind of assets needed to cover the costs of a lawsuit. Although you may eventually recover some of your money, there’s no guarantee.

Your Carrolton auto accident lawyer will do what he can to help you get the money you deserve. Call and schedule your free initial consultation today. Our lawyers at John B. Jackson can answer any questions you may have.