Between injuries, property damage and the time it can take to sort them out, car and pedestrian accidents bring enough frustration on their own. When an uninsured driver is at fault for your accident, these cases can bring another level of stress. How you approach the situation and ease the fallout of this disaster will vary – depending on a few factors.
If you do not have uninsured motorist coverage
Some states require uninsured motorist coverage on insurance policies. In Georgia, it is an optional add-on. If you do not have uninsured motorist coverage in your own insurance policy, you may need to file a civil suit in order to cover the full extent of your expenses. This will require the help of an experienced personal injury attorney and all of the information you have regarding the accident. Such information may include medical records and contact info for any witnesses of the accident.
Like any lawsuit of this kind, you will need to prove the uninsured driver’s negligence to obtain a successful verdict and claim compensation. Note that Georgia is a modified comparative negligence state. This means that if you are found partially at fault for your accident, you will only obtain a partial amount of the possible recovery amount. In other words, if the court finds you 30% at fault for the accident, you can only obtain 70% of the amount that the claim is worth.
If you have uninsured motorist coverage
If you do have uninsured motorist coverage, you will let your insurance company handle the expenses. But be careful not to be too hasty on accepting the initial amount they offer you. Be sure to talk to a qualified professional or a lawyer with experience in auto accident claims.
