Georgia law requires all drivers to carry insurance for liability, bodily injury, and property damage. The sad truth is, though, that over 12% of drivers are driving around uninsured, so accidents with an uninsured driver aren’t uncommon. If you’ve been in this sort of accident, there are some options open to you, and an auto accident lawyer in Atlanta can help you figure out what to do next.
It’s important to contact the police after any accident, but it’s especially important if you find out that the other driver was not insured. You’re going to want to have everything on the record, and you will especially need to have proof of what happened. While the police report will not be the final word on exactly what happened (after all, the police are not actually there in most cases to see the accident), the police can give an experienced opinion based on the evidence they see when they arrive. This will be valuable for any claim you may bring.
In addition, an uninsured driver is more likely than an insured driver to try to flee the scene of an accident. If you call the police quickly, they may be able to track down the driver before they get too far. And even if the driver stays and everything is very clear-cut, you will still want the police report as the official record with everyone’s names and all pertinent information.
Even if the other driver was not insured, you should not delay getting medical help after an accident. Your UM coverage and your own health insurance should cover you if you are not covered by the other driver, and it is unwise to put your health in jeopardy by not getting treatment.
Bear in mind that some common injuries after a car accident, like internal bleeding or whiplash, sometimes don’t have symptoms that show themselves immediately. Once you do see a doctor, be sure to follow through on all you’re told to do. If your doctor tells you not to engage in an activity for a while, for example, be sure to follow their instructions. If you are able to bring a lawsuit, you will need to show that you did not make your own injuries worse in any way by neglecting your doctor’s advice.
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I was represented by T. Madden and Nicholas Schnyder on my car accident case. They and their staff were very professional, willing to answer any and all of my concerns. If they were not available, I would receive a call back within a timely manner. I am very satisfied with how my case came out and I would highly recommend their services.
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Great personal injury attorneys! Excellent service! Thank you for helping resolve my situation successfully (and promptly).
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I thank you Terance Madden for not only being professional, courteous and knowledgeable, but also your experience. I really appreciate your passion for work and your compassion for your clients. You worked so hard for me. The dedication of your staff to getting a positive outcome for me, was extremely unique. You will never find a better attorney than Terance Madden and Associates. I hope I never need an attorney again, but if I do I will only contact T. Madden & Associates.
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Sometimes a driver will say they “don’t have insurance” simply because they can’t find their card. Other times, they may show an insurance card that looks valid but turns out to be expired or tied to a policy that is no longer active.Because of this, insurance status should always be treated as unconfirmed until it is verified. The police report can document what the driver provided at the scene, and your attorney can help request confirmation through the proper channels.
This step matters more than many people realize. Whether the other driver actually has insurance can change everything about your claim. If coverage exists, that insurance may be the first source of payment for medical bills and vehicle damage. If the driver is truly uninsured, your own uninsured motorist (UM) coverage may need to step in instead.
This distinction affects who pays, how claims are filed, and what deadlines apply. Many accident victims don’t find out the truth until days or weeks later, when an insurance company denies the claim. By then, valuable time may already be lost.
Early verification helps protect your options, especially if uninsured motorist coverage may be needed.
You will want to contact your insurance company right away, and especially if you have UM coverage. Your UM coverage exists precisely to cover situations like this. If your insurance company is putting up a fight or dragging their heels, be sure to talk to your lawyer. It’s also wise not to answer a lot of questions from the insurance company without your lawyer’s help. When you initially contact your insurer, just give them the basic facts of the event and then talk with your lawyer if they have follow-up questions.
A lot of people think, “It’s my insurance, so this should be simple.” But UM claims can still feel like a fight. Your insurer may:
This is common because UM claims are still insurance claims, and insurers often investigate them closely, even when the other driver had no coverage in order to reduce the amount of payment.
No UM does not always mean “no recovery.” Depending on what you carry, there may be other paths, such as:
Collision coverage for car repairs
If you have collision coverage, it may help pay to repair or replace your vehicle (usually minus your deductible), even when the other driver has no insurance.
MedPay or health insurance for medical bills
Some policies include medical payments coverage (MedPay), and many people can also use health insurance for treatment. These options can help keep care moving while the claim issues get sorted out.
Suing the uninsured driver
In some cases, a lawsuit may be an option. The big question is whether the at-fault driver has income or assets that make collection realistic. This is where an attorney’s legal analysis matters, because winning a judgment is one thing, but collecting it is another.
Uninsured-driver cases often get complicated because:
That is why your documentation habits after the crash matter so much.
Georgia has a “fault” system for car accidents, which means that whoever is responsible for the accident is also liable to pay for the damages and losses of everyone else. A lawyer will be able to help you figure out the best steps to get compensation. Initially, you will probably have to turn to your uninsured motorist coverage to pay the bills, but your lawyer may be able to uncover some other options for you.
Unfortunately, many people don’t get insurance because they can’t afford it, and if they can’t afford insurance, then chances are they can’t afford to pay for your damages. But that’s not always the case: sometimes people just don’t get insurance because they don’t want to, they can’t be bothered, or they let the policy lapse through inattention. If that’s the case, your lawyer can advise you whether it’s worth bringing a lawsuit, which it may be if the liable party has other assets that could cover your losses.
Georgia law protects defendants in personal injury lawsuits from losing certain basic things, like their primary home and vehicle, but the court may require them to sell extra property which they might own in order to pay for your losses.
You would think that your own insurance company would be on your side after an accident, and they are: to a degree. But it’s always wise to bear in mind that insurance companies are businesses, and businesses exist to make money. Your insurance company is incentivized to minimize their payout as much as possible, and that means they may offer you a settlement that is well below what you actually need.
Sometimes insurance companies make these settlements quickly, hoping that an injured person will not really know the full extent of their damages yet or will be so desperate for money that they will take whatever comes along. Any settlements that are offered need to cover all of your legitimate losses and damages up to the limit of your policy, so always talk to your attorney before you sign anything.
Two clients who were special needs students were being hit and abused by the paraprofessionals in a public school system. T. Madden & Associates took on the case and secured 1.25 MILLION Dollars against 1 of 4 defendants involved in the wrongful actions. The case remains open as T. Madden & Associates continues fighting for the policy limits of the remaining defendants; over $10 MILLION.
A father and son had a terrible valentine day when they found themselves the victim of a trucking collision. T. Madden & Associates initiated the case which led to the clients receiving over 3.25 MILLION Dollars.
A group of employees were experiencing a hostile work environment (HWE) and sexual harassment, prior to T. Madden & Associates was able to have the perpetrator fired and the ladies 1.25 MILLION Dollars.
Client was involved in a collision with a Yukon while driving his Honda motorcycle. The injured party was taken to the emergency room. The call was made to the firm from a hospital in Columbus, GA. We were able to serve the client as if he was next door. T. Madden & Associates was able to recover the policy limits of $1.25 MILLION for the client.
T. Madden & Associates, P.C. was able to bring justice and $1,050,000 for a couple when nobody could tell them how their son wound up at the bottom of a swimming pool. Many think if nobody saw how the drowning happened, then there can’t be a monetary recovery. T. Madden & Associates would not accept that as a proper response. A wrong occurred and this law firm made the defendant’s pay.
Three persons were involved in a collision with a Marta bus in a case of distracted driving. The public trial resulted in a $960K recovery for the 3 victims.
Your attorney will always act in your best interests and is bound by attorney/client privilege not to reveal anything that you tell them. It’s safe to discuss any aspect of the accident with your attorney, but when it comes to talking to other people, it’s wise to be circumspect.
Don’t talk about the accident with friends and family or on social media. Anything that you say on social media, for example, could be used against you. You may want to tell your followers that you’re fine, not because you’re not really injured, but because you don’t want them to worry. This is a very natural thing to say, but if your insurance company is monitoring your social media accounts, they could use a statement that you are “fine” to argue that you aren’t hurt as badly as you say or that your losses are not as great as you claim.
Understand that you may require some back-and-forth with your insurance company or the liable driver and their lawyer before you’ll be able to reach an acceptable compensation amount. Your attorney will be your best friend in this situation and will use all the evidence to explain precisely what has happened to you and what affect the accident has had on your life. These negotiations can take a bit of time, but it pays to be patient.
If you’ve been in an accident caused by an uninsured driver, you do have options. Contact T. Madden & Associates, P.C. today for a free consultation in Atlanta or anywhere in the state.
T. Madden & Associates P. C.
114 S Main St Jonesboro,
GA 30236
T. Madden & Associates P. C.
3915 Cascade Rd #200 Atlanta,
GA 30331
T. Madden & Associates P. C.
431 Walker St Augusta,
GA 30901
T. Madden & Associates P. C.
115 N McDonough St Decatur,
GA 30030
T. Madden & Associates P. C.
1305 Hardeman Ave. Macon,
GA 31201
Whatever documents you may have after your accident, be sure to save all of them. This includes all records and bills from medical treatment; any correspondence that you might have with the police, the insurance company, or the other driver; repair receipts for a damaged vehicle; and any correspondence you have with your employer if you’ve had to miss time at work. You will need all of these things to show exactly what happened and how the accident has affected you.
Deadlines can quietly ruin an otherwise strong case. In Georgia, personal injury claims generally have a two-year statute of limitations. Property damage claims are often treated differently, and Georgia commonly applies a four-year limit for property damage-related actions.
Even if you are not ready to file a claim, talking to a lawyer early can help you avoid deadline mistakes and preserve evidence while it is still available.
Being hit by an uninsured driver can leave you feeling frustrated, overwhelmed, and unsure where to turn next. Medical bills, vehicle repairs, missed work, and insurance complications can add stress at a time when you should be focused on recovery. While Georgia law requires drivers to carry insurance, the reality is that many do not, and accident victims are often left dealing with the fallout.
Whether your recovery involves uninsured motorist coverage, a claim through your own policy, or exploring other legal options, having clear guidance can help you avoid costly mistakes and delays.
If you’ve been in an accident caused by an uninsured driver, you do have options. Contact T. Madden & Associates, P.C. today for a free consultation in Atlanta or anywhere in the state.
T. Madden & Associates, P.C has an answer for all of your legal questions! We are a Personal Injury firm, so we handle many types of injury cases from auto collisions to wrongful death! If you or someone you know is injured, T. Madden & Associates, P.C. can help.
We are proud to offer free case reviews to anyone who may have questions before getting started. Additionally, if we do take on your case, we promise we won’t charge you a penny unless we recover compensation for your claim.
Please contact our Atlanta attorneys online or by calling 833-PAID-123 to get started today.