Finding out the other driver has no insurance can make an already stressful crash even more confusing. You may be left wondering how your medical bills, lost income, and vehicle damage will be covered.
An Alpharetta car accident lawyer can explain your options and help you work out which insurance policies may apply.
If you need an uninsured driver accident lawyer in Alpharetta, Van Sant Law can review your coverage and handle the claim on your behalf. Founder David M. Van Sant previously worked in insurance defense, giving our team insight into how insurers assess and respond to injury claims.
How an Alpharetta Uninsured Motorist Accident Lawyer Reviews Coverage
When the other driver has no liability insurance, your own uninsured motorist coverage may become important. The first step is finding out exactly what your policy provides.
An Alpharetta personal injury lawyer can review your declarations page, policy terms, and the circumstances of the collision to identify the coverage available.
Georgia insurers offer uninsured motorist (UM) coverage, although it can be rejected in writing. The Georgia Office of the Commissioner of Insurance and Safety Fire explains that UM insurance can protect you when an uninsured driver causes an accident that injures you or damages your vehicle.
Add-On and Reduced UM Coverage
Georgia policies can provide different forms of uninsured or underinsured motorist coverage. With add-on coverage, your UM limits may apply in addition to available liability coverage, up to your actual losses and policy limits.
A policy may instead contain reduced-by coverage. In that situation, available liability coverage is generally taken into account when determining how much UM coverage remains.
The wording of your policy matters. An Alpharetta uninsured car accident lawyer can review the coverage you purchased rather than assuming a particular limit or type of UM protection applies.
What Should You Do After a Crash With an Uninsured Driver?
Your immediate priorities are much the same as after any serious collision. Get medical attention when you need it and make sure the accident is properly documented.
If you are able, try to:
- Report the crash: Contact law enforcement and make sure the collision is documented
- Get medical care: Have injuries assessed and follow any treatment advice you receive
- Take photos: Record vehicle damage, the scene, and anything else that may help explain what happened
- Keep witness details: Save the names and contact information of anyone who saw the crash
- Keep your records: Hold onto medical bills, receipts, insurance correspondence, and other documents connected with your losses
You should also notify your insurer in accordance with your policy. UM claims can have notice and procedural requirements, so delaying the process may create avoidable problems.
Why are You Dealing With Your Own Insurance Company?
A UM claim is made through your own coverage, but you still need to establish that the uninsured driver was legally responsible and prove the losses you are claiming.
That can mean questions about how the collision happened, the extent of your injuries, your medical treatment, and what compensation is supported by the evidence.
We can deal with those communications for you. When liability or the value of the claim is disputed, we can gather supporting records and respond to the insurer’s position rather than leaving you to manage the disagreement yourself.
What Compensation May Be Available?
An uninsured driver claim may involve many of the same losses as another car accident claim. What you can recover depends on your injuries, available coverage, fault, and the evidence supporting your losses.
Medical expenses and lost income may form part of the claim. If your injuries affect your ability to work in the future, reduced earning capacity may also need to be considered.
Compensation may also address property damage, pain and suffering, and other qualifying losses. We will look at what the crash has actually cost you rather than applying a standard figure to every case.
How Long Do You Have to Bring an Uninsured Motorist Lawsuit?
Georgia generally gives you two years after a personal injury claim accrues to take legal action for injuries to the person under O.C.G.A. § 9-3-33.
UM cases can involve additional procedural requirements. For example, Georgia law may require the UM carrier to be served with the lawsuit in circumstances covered by O.C.G.A. § 33-7-11.
That is why the deadline should be checked against the facts of your case instead of assuming every UM claim follows one simple timetable. Starting early also gives us more opportunity to preserve evidence and deal with any policy requirements.
What If the Other Driver Has Some Insurance?
A driver does not necessarily need to have zero insurance for UM coverage to become relevant. Georgia law can also treat a vehicle as uninsured for UM purposes when the available liability coverage is not enough to cover the losses and applicable UM coverage is available.
This is often described as an underinsured motorist (UIM) claim. The amount available depends in part on whether your policy provides add-on or reduced coverage.
An Alpharetta underinsured motorist lawyer can review all available policies and determine how the limits may apply to your particular claim.
Speak With an Uninsured Driver Accident Lawyer Serving Alpharetta
You should not have to work through policy language, insurance requirements, and a disputed injury claim while you are recovering from a crash.
Van Sant Law can review the accident, determine what coverage may be available, and handle communications with the insurers involved. We represent personal injury clients on a contingency-fee basis, so there is no upfront legal fee.
If an uninsured or underinsured driver caused your injuries, Make the Right Call and contact us for a free consultation with an uninsured driver accident lawyer serving Alpharetta.
