Uninsured Motorist Accident Attorneys in Atlanta, Georgia

Georgia requires that all motorists carry certain liability insurance, which will pay compensation when the policyholder is at fault for a collision. Alarmingly, however, roughly 12% of motorists in Georgia are uninsured. Even more motorists drive into Georgia each day without insurance coverage, so the number of uninsured or underinsured drivers on our roads is larger than what people imagine.

If you were injured by a motorist without insurance, you still have legal rights to compensation. At the Wetherington Law Firm, we help men and women just like you bring claims when they are hurt in car accidents. Contact us today to speak with an Atlanta uninsured driver accident lawyer.

You Should Have Uninsured Motorist Insurance Coverage

A little-known fact is that most Georgia motorists have uninsured motorist coverage, called UM. This insurance is exactly what it sounds like: it kicks in if you are hurt by a driver who lacks liability coverage. Georgia law requires that any insurer who offers a liability policy should also offer uninsured motorist coverage, so you are probably carrying it without knowing about it.

Of course, under the law, you could decline uninsured motorist insurance. But you would need to reject it in writing, and few people do. Go through your paperwork and see if you have it.

In an accident where both drivers are insured, the insurance companies decide who is at fault for the crash. The party that has the majority of blame pays compensation to the victim.

Now imagine an accident where Driver A lacks insurance, but Driver B has uninsured motorist coverage. If A is at fault for the crash, B can use his own UM insurance to pay compensation. However, if B is at fault, he can’t use his UM coverage.

You Might Have Other Coverage that Can Kick In

In addition to UM coverage, our clients might also carry:

• Health Insurance: Many people have health insurance through a job, or they bought their own policy. You can use this insurance to pay for medical care following a crash.
• Medical Payments Coverage: This insurance will pay for medical bills related to an accident. The good thing about medical payment coverage is that it is no fault. That means you can use it even if you were responsible for your wreck. You can use medical payments to cover a health insurance deductible, for example.
• Collision Coverage: This insurance will pay to repair your car when it is damaged in a crash. It is also no-fault, which means you can tap these benefits even if responsible for a wreck.

Frequently Asked Questions about Uninsured Motorist Accidents in Atlanta

We receive calls every week from people hurt by a driver who lacks insurance. Below, we answer some of the more common questions we receive.

Is It Even Worth Suing Someone Without Insurance?

Possibly. This person might have other assets which you can get ahold of, such as real estate, motor vehicles, or cash in a bank account. You might also garnish wages.

What If The Driver is Lying About Not Having Insurance?

We can usually find out. For example, we can request financial records from the defendant, or ask questions under oath. It’s usually possible to find out if they have insurance coverage.

Will My Insurance Pay My Medical Bills?

It depends on the insurance. Your liability insurance won’t. That insurance only kicks in to pay money to victims you injure. However, you probably have uninsured motorist coverage, which can definitely cover medical bills if you aren’t at fault for the wreck.

What If I Was a Victim of a Hit and Run?

This is essentially like being hit by an uninsured motorist. We can also look to other insurance that you might have for compensation.

What If I Was a Victim of a Hit and Run?

This is essentially like being hit by an uninsured motorist. We can also look to other insurance that you might have for compensation.

What Should You Expect When Suing an Uninsured Motorist?

Suing an uninsured or an underinsured driver is slightly different from suing a driver with a policy. First, it might take longer. Your attorney needs to see if the at-fault driver has any assets that could be used to pay a settlement. If the driver is completely poor—no property, no money in the bank—then suing him or her might be a waste of time. There are techniques your attorney can use to uncover what assets the defendant owns.

Second, you should prepare for the defendant to point the finger at you. This is one way they can avoid liability for the crash. Under Georgia law, you can only receive compensation if you are less at fault than the other parties. In practice, this means you must be less than 50% to blame.

The lawsuit itself won’t be much different. Every case turns on two areas of dispute: who is at fault for the wreck and the severity of your injuries.

If you win your case, the court awards you a judgment in your favor. Essentially, this is nothing but a piece of paper. At the Wetherington Law Firm, we can use certain techniques to get assets:

• Wage garnishment. If the defendant has a regular job, you can typically garnish up to 25% of wages to pay toward the judgment you received.
• Summons of garnishment against a bank account. The defendant might have an account with money in it, which we can seize.
• Property lien. We can record a lien—which is a right to payment—against any real estate owned by the defendant. We do this by filing a lien in the county where the real estate is located. We can also get a lien in place for personal property, like motor vehicles. This lien guarantees a right to payment if the defendant sells the asset.

If the defendant has absolutely no assets, you can try to renew your judgment in case he or she comes into money later.

No Insurance? No Problem.

If you’ve been involved in a wreck, the Wetherington Law Firm is the place to call. Our legal team has brought claims for all sorts of car accidents, and we can analyze your options if you reach out to us. Please call (404) 888-4444 to schedule a consultation.