What to Do if You Collide With an Uninsured Driver in Georgia



If you're a responsible driver, you already carry the insurance coverage that's required by law. However, not every driver is as responsible as you are, and some motorists still choose to get behind the wheel even when they have no insurance or a policy with insufficient coverage. If you ever get into an auto accident with an uninsured driver in Georgia, here are a few things that you should do.

Contact the Authorities

Under Georgia law, you must notify the police if damage from the accident is expected to exceed $500 or if anyone suffered bodily harm, regardless of either driver's insurance status. You should also call the police if the other driver admits to having no insurance or can't produce proof of insurance, regardless of the amount of damage or injuries.

When the officers arrive on the scene, they will take statements from you and the other driver to record each person's versions of how the accident occurred. The uninsured motorist may receive a citation and incur additional penalties for failing to comply with the law and carry the necessary auto insurance coverage.

Inform Your Insurance Company ASAP

Regardless of whether or not the other driver is insured, your insurance company will want to know about the accident as soon as possible. You can try contacting the insurance company on your own, but hiring an attorney to get in touch with your carrier for you may be a better option if you want to avoid accidentally saying something to an insurance representative that might jeopardize your claim.

If you wait too long to notify your insurance company, your claim could take much longer to process. You may also have trouble proving your version of the events if you delay, and this may result in a judgment against you and no payment from your insurance to cover losses.

Take Detailed Photos and Video

You'll definitely want to compile as much evidence as possible to support your version of the events if the other driver is uninsured, and a great way to go about this is to use your phone or an available camera to take pictures and capture video footage of the damages. You should capture close and wide images from different angles of the external and internal vehicle damage, as well as the other driver's license plate.

Along with pictures of the wrecked vehicles, you can capture images of other things at the scene to better support your claim. Street signs or other nearby objects or structures that were damaged are important to photograph. Any skid marks that were left on the road before the impact occurred should be photographed as well. You'll also want to visually document any noticeable bodily injuries. 

Take Legal Action

Since Georgia isn't considered a no-fault state, your insurance company isn't required to pay for the damages if the uninsured driver caused the accident unless you've added uninsured motorist coverage to your plan. The uninsured driver could get arrested and fined, but this still won't help you financially if you don't have uninsured motorist insurance.

If you don't have the extra coverage and your insurance company refuses to pay for the full amount of the damage, you might have to file a lawsuit against the driver for compensation. If you need to take legal action to recoup your losses, a personal injury lawyer who also deals with auto accident cases can assist you.

You shouldn't have to be on the hook for any damages that an uninsured driver caused. Contact a lawyer at the Law Office of Paul R. Bennett for help with your claim and getting answers to all your important legal questions.