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Nathan Fitzpatrick is an experienced personal injury attorney who has advocated on behalf of hundreds of car accident victims, and some of his clients did not have insurance when they crashed. In this article, car accident attorney Nathan Fitzpatrick will cover the possible ramifications of being involved in a car accident without liability insurance. He will also explain the steps you can take to obtain compensation if you are involved in an accident while uninsured that was not your fault.
A study conducted by the Insurance Research Council in 2021 revealed that about 12.4% of motorists in Georgia do not have automobile liability insurance. If you drive in the Peach State without insurance coverage, you may wonder what would happen if you were involved in an accident. The legal and financial consequences you could face in this situation would be determined by whether or not you were at fault. If another driver caused the accident, you may still be able to recover compensation for your economic and noneconomic damages.
Understanding the Scenario: No Insurance but Not at Fault
A motorist in Georgia drives without insurance if they do not purchase car insurance, their auto policy lapses because they failed to pay their premiums, or their insurance company drops their coverage for some reason.
If an uninsured motorist causes an accident, they are responsible for any injury, loss or damage that ensues. Also, if they are involved in an accident that another motorist caused, they can file a claim with the at-fault driver’s insurance company. However, things are rarely this simple because a confluence of factors causes most accidents.
Fault Determination in Car Accidents: What You Need to Know
Georgia is known as an at-fault state, meaning auto insurance providers in the Peach State must pay compensation to road users who suffer injury, loss, or damage in accidents caused by their policyholders.
However, Georgia also follows the modified comparative negligence doctrine. That means that the amount of compensation an accident victim recovers is reduced if they were also at fault. If you are involved in an accident and the facts suggest that you are 20% to blame, the amount of compensation you receive will be reduced by 20%. This is why insurance adjusters in Georgia work so hard to shift the blame.
The Legal Implications of Driving Without Insurance
In Georgia, all motorists must carry proof of insurance in their vehicles. Furthermore, state law (O.C.G.A. § 40-6-10) stipulates that vehicle owners or operators must maintain a certain minimum level of insurance coverage.
Operating a motor vehicle without valid auto liability insurance is a misdemeanor offense in Georgia. If you are charged with driving without insurance in the Peach State, you could be sent to jail for up to a year. Your driver’s license and vehicle registration could be suspended for 60 days for a first offense, 90 days for a second offense, and six months for a third offense. If your coverage expires or is terminated for some reason, your insurance company will notify the state.
Navigating the Aftermath of an Accident Without Insurance
Georgia law requires drivers to notify the police when they are involved in accidents that cause death, injury, or more than $500 in property damage. Failing to report an accident or leaving the scene could lead to criminal charges.
Police officers check liability insurance coverage when they are dispatched to car accident scenes, so you will almost certainly be cited if you crash while uninsured, even if you were not at fault. If that happens, you should avail yourself of your right to remain silent and speak to an experienced criminal defense attorney before you answer any questions.
Immediate Steps to Take When the Other Driver Is at Fault
When police officers in Georgia fill out accident reports, they allocate blame based on their observations and statements made by the drivers involved and witnesses. If you want to recover as much compensation as possible after a car accident, you should gather evidence at the scene and resist the urge to accept fault. Take photographs of the vehicles involved before they pull over or are towed away, and get the names and contact details of any bystanders who saw the events unfold.
How Lack of Insurance Affects Your Position in an Accident
Car insurance companies do more than write checks when their policyholders are involved in accidents. Insurance adjusters examine accident reports and witness statements looking for things that could change how blame is allocated, and they negotiate fiercely to reduce the amount of compensation that is paid. Insurance companies also provide lawyers to defend their clients when they are sued over an accident.
If you are involved in an accident while uninsured, you will not have an insurance company looking out for your best interests. If you find yourself in this situation, you should speak with an experienced auto accident attorney before you accept a settlement or sign any papers.
Dealing with the Other Driver's Insurance
If you are involved in an accident in Georgia and do not have liability coverage, you will have to deal with the other driver’s insurance firm if you were not at fault and wish to recover compensation. You will not have an insurance firm to look out for your interests, so you will have to negotiate yourself or hire a car accident lawyer to advocate on your behalf.
The other driver’s insurance firm will do all they can to reduce the size of the check they will have to write, so you can expect your version of the events to be questioned and your claim to be scrutinized closely.
A common tactic that insurance companies use to lower the amount they pay to cover medical bills is claiming that an accident victim’s injuries were preexisting or are being exaggerated.
What to Expect from the Other Driver's Insurance Coverage
The amount of compensation that you receive after being involved in a motor vehicle accident that was not your fault is determined by the at-fault driver’s insurance coverage. Georgia requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage and at least $25,000 per accident in property damage liability coverage.
Many motorists choose policies with higher liability limits and uninsured or underinsured driver coverage. If the at-fault driver’s policy limits are not high enough to provide you with adequate compensation, you could file a personal injury lawsuit to recover fair damages.
Financial and Legal Consequences
When road users are injured due to the negligent actions of others, they are entitled to compensation for their property damage, lost income, medical bills and pain and suffering. This can amount to a lot of money if the accident is serious. Drivers who cause accidents pay higher insurance premiums and may be sued, and they could face criminal charges if they crash after drinking or taking drugs.
Potential Financial Liabilities Without Your Own Insurance Coverage
If you cause an accident while driving without insurance, the other road users involved will expect you to compensate them for their injury, loss, or damage. If you drive without insurance and another motorist causes an accident, you will be able to file a claim with their insurer. However, the amount you receive could be reduced to reflect your degree of fault if the facts indicate that you were partly to blame.
Legal Ramifications of Driving Without Car Insurance
The legal ramifications of driving without car insurance can be serious. Uninsured drivers who are involved in accidents can be charged with a criminal offense even if they were not to blame, and uninsured drivers who are to blame for accidents can be sued. When accident victims sue uninsured motorists, they may be ordered to pay court costs and legal fees as well as economic and noneconomic damages.
Seeking Compensation for Damages and Injury
If you are injured in a car accident that was another driver’s fault, you can expect the road to an amicable settlement to be long and frustrating. Insurance adjusters are trained to settle car accident claims for as little as possible, so you can expect your version of what happened to be scrutinized closely.
To improve your chances of receiving fair compensation, you should keep track of your doctor appointments, hold onto your medical and car repair bills, and maintain a record of how many days you had to take off work to recover from your injuries and receive treatment.
Exploring Avenues for Compensation Without Your Own Coverage
You will probably have two paths to compensation if you are involved in a car accident while driving without insurance. You could submit a claim to the at-fault driver’s insurer, or you could sue the at-fault driver. No matter which path you choose, you will find yourself in an adversarial situation with a team of skilled professionals sitting on the other side of the negotiating table.
Handling Personal Injury Claims When You're Uninsured
Accident victims sue uninsured motorists because they do not have insurance companies to file claims with. Lawsuits are expensive and can take months or even years to resolve, so you will probably only find yourself in this situation if you cause an accident that results in serious injury or death. You could also be sued after an accident even if you had insurance if your coverage limits were not high enough to provide injured road users with fair compensation.
How a Lawyer Can Help When You're Uninsured but Not at Fault
If you're involved in an accident in which you're not at fault but are uninsured, hiring a car accident lawyer can be beneficial. Lawyers have a professional obligation to always act in their clients' best interests.
By engaging a lawyer, you ensure that someone skilled in legal negotiation is advocating for your rights, particularly when dealing with the insurance company of the at-fault driver. Experienced attorneys are well-versed in the strategies insurance firms employ to minimize payouts. They can represent your interests effectively in negotiations and, if necessary, in court proceedings to ensure you receive fair compensation.
FAQs: Uninsured and Dealing with an At-Fault Driver
Can You Claim Damages If You're Uninsured but Not at Fault?
Driving without insurance is a criminal offense in Georgia, but it does not prevent you from seeking and obtaining compensation if you are injured in an accident that was not your fault. If that happens to you, you could submit a claim to the at-fault driver’s insurance firm or file a personal injury lawsuit against them.
How Does the Law Protect You in Such Situations?
The law requires all road users to do all that they reasonably can to prevent accidents and injuries. If this duty of care is not met, you will be entitled to compensation even if you were driving without insurance.
What Are Your Options If the Fault Driver Refuses to Pay?
You will probably be dealing with the at-fault driver’s insurer rather than with them, so they will not be able to refuse to pay. If the at-fault driver’s coverage is not sufficient to provide you with adequate compensation, you could file a personal injury lawsuit to recover damages. If you do, a jury and not the at-fault driver will decide how much you are entitled to.
What Happens if the Driver is Not Listed on Insurance?
An auto insurance policy covers anybody the policyholder permits to drive their vehicle. If you are involved in a car accident with a driver who is not listed on the other vehicle’s insurance policy, you will still be entitled to compensation as long as the other driver has permission to use the vehicle. The insurance policy will not cover your damages if the other vehicle was stolen or taken without permission.
What Should You Do If An Uninsured Driver Hits You in Georgia?
If an uninsured driver hits you in Georgia, it’s important to know your rights and options. You can file a claim under your own uninsured motorist coverage if you have it. If you don’t have this coverage or your damages exceed its limits, you may pursue a lawsuit against the other driver for compensation.
Is Uninsured Driver Coverage Mandatory in Georgia?
In Georgia, drivers are not required to carry uninsured motorist coverage. However, it’s highly recommended as it provides protection if you’re involved in an accident with an uninsured driver. This coverage can help pay for medical expenses, lost wages, and other damages.
What if You Are Pulled Over with no Insurance?
In Georgia, it’s important to be aware that driving without the required minimum liability auto insurance is a serious offense. This is true even if you’re not involved in an accident. Merely being caught driving without insurance can lead to significant legal consequences, such as fines, potential jail time, and license suspension. It’s essential to carry proof of auto insurance coverage in your vehicle at all times to avoid these penalties.
Secure Your Rights with The Fitzpatrick Firm: Your Trusted Car Accident Personal Injury Lawyer
If you are involved in a car accident while you were driving without auto insurance, you could have a much better chance of recovering fair compensation if you have an experienced and skilled car accident lawyer negotiating on your behalf. The Fitzpatrick Firm has handled many uninsured motorist cases, and we always advocate fiercely to make sure that our clients receive all of the compensation they are entitled to. If you wish to learn more about your legal options, you can schedule a free consultation by calling us at (678) 607-5550 or filling out our form below.