{"id":7287,"date":"2026-11-05T07:23:01","date_gmt":"2026-11-05T07:23:01","guid":{"rendered":"https:\/\/www.tmaddenlaw.com\/guides\/is-it-worth-suing-an-uninsured-motorist\/"},"modified":"2026-11-05T07:23:01","modified_gmt":"2026-11-05T07:23:01","slug":"is-it-worth-suing-an-uninsured-motorist","status":"publish","type":"page","link":"https:\/\/www.tmaddenlaw.com\/guides\/is-it-worth-suing-an-uninsured-motorist\/","title":{"rendered":"Is It Worth Suing an Uninsured Motorist in Georgia?"},"content":{"rendered":"\n
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Car Accident Lawyer | Jonesboro, Atlanta, Decatur, Macon and Augusta<\/p>

Hurt by an Uninsured Driver in Georgia? Let's Talk About Your Options<\/h1>

T. Madden & Associates, P.C. has represented people hurt in Georgia crashes since 1999. Your first consultation is free, confidential and comes with no obligation to continue.<\/p>

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The Firm at a Glance<\/h2>\n

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1999<\/h3>

Practicing in Georgia since<\/p><\/div>

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Offices: Jonesboro, Atlanta, Decatur, Macon, Augusta<\/p><\/div>

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By Terance Madden \u00b7 Published November 5, 2026<\/p>\n\n

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Is it worth suing an uninsured motorist? In Georgia, the answer often turns on whether the driver can pay a court award. For many injured people, the most direct path to payment is their own uninsured motorist (UM) coverage, so that’s where the review should begin. T. Madden & Associates, P.C. has been in practice since 1999, with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.<\/p>\n

What Suing an Uninsured Driver Actually Means<\/h2>\n

Suing an uninsured driver means filing a personal injury claim against the at-fault driver personally. It is separate from any claim you make with your own insurer.<\/p>\n

An uninsured driver has no liability insurance that would pay for the crash. Georgia’s uninsured motorist statute, O.C.G.A. \u00a7 33-7-11<\/a> defines several related terms. Under subsection (iii) of the statute, one example is bodily injury liability insurance that is in existence but for which the insurance company writing the insurance has legally denied coverage under its policy. O.C.G.A. \u00a7 33-7-11<\/a> reads: “(iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured, provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured, then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured\u2019s motor vehicle insurance policy; or.”<\/p>\n

People hurt in these crashes include drivers, passengers, pedestrians and cyclists. If the driver flees and cannot be identified, Georgia law allows a suit against an unknown “John Doe” driver. The insurer that issued the policy is then served as though it were a named defendant.<\/p>\n

A suit can seek more than one type of loss. Special damages are actual losses, such as medical bills, and you must prove them. O.C.G.A. \u00a7 51-12-2<\/a> explains that difference. Necessary expenses from the injury also count, under O.C.G.A. \u00a7 51-12-7<\/a>.<\/p>\n\n

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If an uninsured driver hurt you or damaged your car, you may have a claim, and our team can review your coverage with you at no cost. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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When Is It Worth Suing an Uninsured Driver?<\/h2>\n

Is it worth suing an uninsured motorist? It is most useful when the driver has money or assets a court can reach. Lawyers call a driver with nothing to collect from “judgment-proof.” A court award on paper does not put money in your hands.<\/p>\n

Check these factors early:<\/p>\n