If you’re involved in an accident with an uninsured driver, you may be worried that you’ll have to pay for your medical bills and other related expenses out of pocket. However, this doesn’t have to be the case: there are several ways you can seek compensation and justice.
Our law firm has successfully helped over 50,000 clients in Georgia and the Carolinas get the compensation they deserve, so we have in-depth knowledge of the laws in those states. In South Carolina and North Carolina, state laws require drivers to carry insurance coverage for uninsured motorists (North Carolina requires coverage for underinsured motorists, as well). In Georgia, it is only required that drivers carry auto insurance with liability coverage to pay for property damages and bodily injury they may cause in an accident. If you’re hit by a driver without insurance in Georgia, uninsured motorist coverage can protect you, so it’s highly encouraged that you add it to your policy even though it isn’t required by law.
Your chances of being compensated for your damages greatly increase when you hire an experienced uninsured car accident lawyer to help you with filing insurance claims correctly, gathering the necessary evidence to support your claim, meeting various deadlines, and more. At George Sink, P.A. Injury Lawyers, we offer free, no-obligation case reviews to help you pursue the best course of action to seek compensation.
When Should I Use My Uninsured/Underinsured Motorist Coverage?
If you’ve had the misfortune of being hit by an uninsured driver, filing an insurance claim through your uninsured/underinsured motorist coverage is usually the best way to seek compensation. After an accident with an uninsured or underinsured driver, it’s important to notify your insurance company as soon as possible (ideally right after consulting with an attorney) because deadlines and time frames are more strict with these types of claims.
The process for filing an uninsured motorist claim with your insurance company is usually straightforward because you’ll quickly be able to discover if the other driver has insurance or not. Then, with the help of your attorney, you can calculate your damages and seek compensation from your insurance company.
Underinsured claims can sometimes take longer to complete. Typically, a claim must be filed against the at-fault driver’s insurance, and their liability coverage limits must be determined before you can file a claim with your own insurance company. Then you have to agree on a fair payout based on your injury-related losses and what the other driver’s insurance could not cover.
Insurance companies in Georgia cannot raise your rates or cancel your policy after being hit by someone without insurance. In South Carolina, insurers cannot cancel your policy (Section 38-77-123) unless your license has been suspended or you fail to pay your premium, which means your policy will most likely be unaffected after being hit by an uninsured driver. In North Carolina, a claim may or may not affect your insurance premiums if you are not at fault, but if you are found partially responsible for the accident, your monthly premium will likely rise.
Even though insurance companies will typically compensate you if you are involved in an accident with an uninsured/underinsured driver, sometimes they may attempt to deny your benefits even if you are not at all at fault. This is why it’s essential to consult with an experienced car accident attorney to ensure you are treated fairly.
When Should I Seek a Claim Against Another Liable Party?
Another option you have to seek compensation if you’ve been hit by an uninsured driver is to seek a claim against another liable party. Vicarious liability, or imputed negligence, could be considered as an option for holding someone responsible for negligent actions of an individual they “supervise.” For example, this course of action could be pursued if an employer knowingly allowed an employee who has no insurance and a suspended license to drive a company car, and that employee caused an accident. In that situation, you could file a claim against the employer for negligently entrusting their employee who was unfit to operate a vehicle.
If you’re involved in an accident, you should make every effort to hold all liable parties accountable so that you can seek the maximum compensation you’re entitled to. Laws concerning liability vary from state to state. Additionally, discovering all liable parties, and proving their negligence, can be complicated processes. That’s why it’s best for you to consult with a car accident attorney who can examine your case thoroughly and determine who should be held responsible for your damages.
When Should I File a Lawsuit Directly Against the Uninsured/Underinsured Driver?
Filing a lawsuit is another way you can seek compensation for your injuries and damages, though this option is not ideal. When considering this option, you should understand that if the at-fault party cannot afford adequate insurance or any insurance at all, then it’s very likely that they will not have substantial assets to compensate you.
Suing an uninsured driver should be considered as a last resort, and you should be prepared for a potentially lengthy process as you seek recovery for your damages. This underscores the benefit of carrying uninsured/underinsured motorist coverage because you’ll likely be able to forgo the difficult undertaking of pursuing compensation in court.
When Should I Contact an Uninsured Motorist Attorney Near Me?
The sooner you contact a car accident attorney after you’ve been hit by someone without insurance, the better your chances of seeking maximum compensation for your damages. There are several ways in which you could hold the negligent party accountable, but you should act quickly so that an attorney can help you file a claim and gather evidence to support it.
Our attorneys at George Sink, P.A. Injury Lawyers pride themselves on pursuing substantial compensation for our clients’ damages, and we work on a contingency fee basis. You won’t owe us a dime, unless we win compensation on your behalf. We have helped thousands of victims secure compensation to cover their medical treatments, lost wages, and more. Contact us today for a free consultation and more information about our legal fees. Let us help you regain peace of mind and get you back on your feet.