Hit by an Uninsured Driver? We Can Help You Figure Out Your Next Steps.

If an uninsured driver hit you in Georgia, you may have more options than you expect. An uninsured driver car accident lawyer can explain where your claim may come from. Often, the first place to look is your own uninsured motorist (UM) coverage. This page explains how these claims work, what they cover, and what to do next. T. Madden & Associates, P.C. has practiced in Georgia since 1999, and attorney Terance Madden is the responsible lawyer.

Who This Page Is For and What an Uninsured Driver Crash Involves

An uninsured driver crash happens when the driver who caused your injuries has no liability insurance that applies to the crash. That can mean no policy at all. It can also mean a policy that lapsed, was cancelled, or does not cover that driver or vehicle. A hit-and-run is a related case, where the driver leaves and is never identified.

This page is for injured people and for family members acting on their behalf. Many readers are still in treatment. Others are handling a claim for a spouse, parent, or adult child who can’t manage the paperwork right now.

Most people in this position worry about the same few things:

• Medical bills and missed work
• A damaged vehicle
• Whether their own insurer will treat them fairly
• Deadlines that may already be running

If you are sorting through these questions after a crash, T. Madden & Associates, P.C. offers a free, confidential first consultation with no obligation to continue.

What Uninsured Motorist Coverage Covers and What It Leaves Out

Uninsured motorist (UM) coverage is part of your own auto policy. It can pay you for certain damages when the at-fault driver has no usable insurance. Under Georgia law, auto liability policies generally include uninsured motorist coverage, unless the insured rejects it in writing. That coverage can apply to injury, loss of consortium, or death caused by an uninsured motor vehicle’s owner or operator, under O.C.G.A. § 33-7-11. The statute also says a vehicle may not count as uninsured if its owner or operator has posted security in the amounts the statute sets.

Depending on your policy and the facts, UM coverage may help with:

• Medical expenses
• Lost wages
• Pain and suffering, where the policy allows it
• Property damage, if your policy includes it

UM coverage may not pay for everything. Common limits include:

• The UM limits you chose
• Exclusions written into your policy
• Failure to report the crash or cooperate with your insurer
• Vehicles or drivers your policy does not cover

Check your declarations page. It lists your UM limits. Those limits may be lower than the full value of a serious injury, so keep a copy with your records.

Can You Sue an Uninsured Driver in Georgia?

In many cases you can bring a claim against the at-fault driver personally. Collecting is often the hard part, because an uninsured driver may have few assets. A claim under your own uninsured motorist (UM) coverage follows a different procedure than a claim against the at-fault driver, and Georgia law sets specific steps for it, so timing and procedure matter. A lawyer can help you understand which steps apply to your situation.

Georgia’s fault rules in O.C.G.A. § 51-12-33-pdf.pdf)-pdf.pdf)-pdf.pdf)-pdf.pdf) reduce damages by your share of fault. If you are 50 percent or more responsible, you may not recover any damages. The law also considers the fault of others who contributed to the injury, even if they were not named in the suit. That includes a hit-and-run driver.

You can sue a truck driver when a commercial driver caused the crash. The trucking company may also be involved. Truck cases also follow federal rules. The federal schedule of limits for public liability sets $750,000 as the minimum level of financial responsibility, under its January 1, 1985 column, for for-hire carriers hauling nonhazardous property in interstate or foreign commerce in vehicles with a gross vehicle weight rating of 10,001 pounds or more. That minimum is a federal floor, not the value of any claim.

How an Uninsured Driver Claim Works, Step by Step

A typical claim moves through six steps: report, document, notify, review, gather proof, and then negotiate or file suit.

1. Report the crash. Call the police and get a report number. Get medical care right away, even if injuries seem minor.
2. Notify your own insurer. Report promptly and ask which UM limits apply to you.
3. Document the scene. Take photos, write down witness names, and note vehicle damage and any details about the other driver.
4. Keep records. Save bills, treatment notes, missed-work records, and your policy declarations.
5. Get a case evaluation. Talk with a lawyer about coverage and deadlines. The first consultation is free.
6. Negotiate or file suit. The claim may go through negotiation with the insurer, or into a lawsuit if needed.

Deadlines matter. Under O.C.G.A. § 9-3-33-2023-pdf.pdf)-2023-pdf.pdf)-2023-pdf.pdf)-2023-pdf.pdf), actions for injuries to the person must be brought within two years. Loss of consortium claims have four years. Don’t assume every claim type follows the same clock. Hit-and-run cases can involve O.C.G.A. § 9-3-99-2023-pdf.pdf)-2023-pdf.pdf)-2023-pdf.pdf)-2023-pdf.pdf), which can pause the deadline while a criminal case is pending, but for no more than six years. Whether it applies depends on the facts. Timelines also vary with your treatment and the insurer’s response. No one can predict how long your case will take.

What Affects the Value of an Uninsured Driver Claim

The value of your claim depends on your injuries, your documented costs, your policy limits, and how fault is divided. No one can promise a dollar amount, because each claim depends on its own facts.

Medical costs are measured by reasonable value. Under O.C.G.A. § 51-12-1.1-pdf.pdf)-pdf.pdf)-pdf.pdf)-pdf.pdf), medical expenses are limited to the reasonable value of medically necessary care. If you have health insurance, the evidence can include both the amounts charged and the amounts actually needed to satisfy them under your insurance contract. Treatment under a letter of protection can also be examined under the same statute.

Several factors usually matter most:

• How serious and well documented your injuries are
• How long and how consistently you have been treated
• Lost income and future care needs
• Your UM limits

Two policy terms can change what you receive. “Stacking” means using UM coverage from more than one policy or vehicle, and it depends on the policy language and the facts. Some policies say UM coverage is “added on” to other coverage. Others say it is “reduced by” other payments. Read the wording before you rely on it.

Why Choose T. Madden & Associates, P.C.

T. Madden & Associates, P.C. is a Georgia personal injury firm led by attorney Terance Madden, in practice since 1999. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon, and Augusta. It represents people hurt in car and truck wrecks, motorcycle and e-bike crashes, and other injury matters. Uninsured driver claims fall within that auto injury work.

Our team of assistants and office staff supports the case work. Terance Madden is the lawyer responsible for it.

The firm works on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses. Your first meeting is confidential and does not commit you to continue. Our phone line is available 24/7, so you can call about a crash at any hour.

Frequently Asked Questions About Uninsured Driver Crashes in Georgia

Common questions about an uninsured driver car accident lawyer in Georgia are answered below.

Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., with offices in Jonesboro, Atlanta, Decatur, Macon, and Augusta. This page is general information, not legal advice. Results depend on the facts of each case.