Your Legal Options After an Accident with an Uninsured Motorist

A car crash can be a traumatic, stressful event under any circumstances. When you are involved in a collision with an uninsured driver, however, the situation becomes even more complex.

An estimated 13 percent of drivers on American roads are uninsured. That means if you get into a collision, there is a one-in-eight chance that the other driver does not have liability coverage to pay for damages that may result. If you suffer injuries, you may have to look to other sources for compensation.

Depending on your own insurance and other factors, you have these options for pursuing damages.

• Uninsured/underinsured motor insurance (UMI) — This supplemental coverage protects you in the event you are hit by an uninsured driver or a driver who doesn’t have sufficient insurance to pay for all your damages. UMI can be one of two types: add-on coverage, which pays damages over and above the other driver’s liability limit, or difference-in-value coverage, which subtracts the amount recovered from the other driver from your own insurance payout. In Georgia, UMI is optional, so check your insurance policy to see if it is included in yours and which type it is.
• Medical payments coverage (Med Pay) — This is another type of supplemental coverage, but for health insurance. If you have Med Pay coverage, it can reimburse you and any passengers in your car for medical bills in the event of an accident, no matter who is at fault.
• Health insurance — You can file a claim with your own healthcare insurance provider for medical bills arising from a car accident. Although the carrier will demand disclosure of other coverage, there generally is little other coverage available if the other driver is uninsured.
• Collision coverage — This type of coverage in your own insurance policy can reimburse you for damage to your vehicle in a car crash, no matter who is at fault. You likely will have to pay a deductible before the insurance company pays out for the rest.
• Litigation — You may need to file a legal claim against the uninsured motorist to obtain compensation for damages. While an underinsured driver likely will not have the money to compensate you for your injuries, you may also be able to file a lawsuit against any additional parties that contributed to the crash — such as the vehicle manufacturer, a negligent mechanic, a company that employed the driver or the owner of the vehicle that let the uninsured driver get behind the wheel.

If you’ve been involved in a crash with an uninsured driver in Georgia, we invite you to get in touch with the Law Office of S. Mark Mitchell, LLC in Newnan. We advocate on behalf of clients seeking fair compensation for auto accident injuries. To set up a free initial consultation, please call 470-344-8550 or contact the firm online.