Kaine Law can help you seek damages if you were hit by an uninsured motorist in Atlanta. A lawyer from our team can recoup compensation for your healthcare expenses, lost income, and property damage costs.
Our Atlanta uninsured motorist accident lawyers can start building your case at no out-of-pocket cost to you because we work on a contingency-fee basis. To put it simply, you don’t pay our attorney’s fees if we don’t win your case. You can ask us more about this arrangement during your free case review.
Commonly Asked Questions in Uninsured Motorist Accident Cases
We understand that you may have a lot of questions on your mind right now. We have the experience and resources necessary to answer them. Below, we address some frequently asked questions and concerns:
What Are Your Options If You Were Hit by an Uninsured Driver?
When you purchased insurance, the representative must have offered you uninsured motorist (UM or UIM) protection coverage, per O.C.G.A. §33-7-11. If you rejected this form of coverage, you must have done so in writing.
You could have uninsured motorist protection coverage included as part of your own policy. We could seek compensation through this avenue. If you do not have this coverage, then we can file a lawsuit against the negligent driver.
What Types of Damages Can You Recover?
You could be eligible to recover a host of economic and non-economic damages, depending on the nature of your situation. Some examples include:
- Pain and suffering (past and present)
- Medical bills
- Future medical costs
- Lost wages
- Emotional distress
- Diminished quality of life
- Reduced earning capacity
- Property damage expenses
There is no average settlement amount for these types of situations. The details of your case will determine the cost of your losses.
Do You Need an Uninsured Motorist Lawyer in Atlanta to Manage Your Case?
You are completely within your rights to represent yourself. However, you may want to give this a second thought because:
- If you do not have courtroom experience, successfully pursuing a lawsuit can be difficult.
- You may not have access to certain pieces of evidence, like traffic camera footage.
- Undertaking the strenuous legal process can impede your recovery period.
- You may not understand what your case is worth.
As noted earlier, you could hire a lawyer from our firm at no upfront or out-of-pocket cost. There is no need to deny yourself legal representation under this type of arrangement.
How Long do You Have to File Your Lawsuit?
If you do not have uninsured motorist protection coverage and we have exhausted all other avenues of pursuing financial recovery, we could file a lawsuit against the negligent driver. Per O.C.G.A. § 9-3-33, you would generally have two years to file your case.
You could have more time to file based on the details of your case. For example, your age at the time of the accident can impact how long you have to file, and other situations could extend the time you have to file suit. We can review your case and tell you upfront how much time you have to act.
How do You Win an Uninsured or Underinsured Motorist Accident Case?
Like with any other personal injury case, we will have to prove that the other driver acted negligently and that negligence caused the accident. There are four elements that must be met for a successful negligence claim, especially in an uninsured or underinsured motorist accident case:
- Duty of Care: The uninsured or underinsured driver, regardless of insurance status, owes every other person on the road a duty of care. That means they’re responsible for driving safely to protect themselves and others from bodily harm and property damage.
- Breach of Duty: The uninsured or underinsured driver acted negligently, breaching their duty of care. Types of negligence that can cause these accidents include:
- Distracted driving
- Driving while intoxicated
- Aggressive Driving
- Failure to obey traffic laws
- Causation: Their negligent actions caused the accident.
- Damages: The accident caused your injuries, which also led to you accruing medical bills, property damage fees, and other costs.
Will My Insurance Rates Increase After Filing an Uninsured or Underinsured Motorist Claim?
No, your insurance rates should not go up if you file a claim against a negligent uninsured or underinsured motorist, whether you have UM/UIM coverage or not. As long as the other driver is at fault for the accident, Georgia law prevents insurance companies from increasing your rate after this situation.
For a free legal consultation with a uninsured motorist accident lawyer serving Atlanta, call 404-214-2001
Difference Between Uninsured and Underinsured Motorists
Car insurance financially protects the policyholder, passengers, and any other motorists involved in an accident, which is why the state of Georgia requires all drivers to meet insurance coverage minimums (Office of Commissioner of Insurance and Safety Fire):
- $25,000 per person for bodily injury liability coverage
- $50,000 per incident for bodily injury liability coverage
- $25,000 per incident for property damage liability coverage
However, many drivers get behind the wheel with inadequate coverage or none at all. Underinsured drivers are those who have an insurance policy that doesn’t meet the above minimum requirements. Uninsured drivers are those who drive without any form of car insurance.
Atlanta Uninsured Motorist Accident Lawyer Near Me 404-214-2001
Contributory Negligence in Your Atlanta Uninsured Motorist Accident Claim
Georgia is an at-fault state, meaning a driver whose negligent actions or inaction cause an accident can be held responsible for paying damages to injured parties. Our state follows a contributory negligence law (per O.C.G.A. § 51-12-33) that allows injured parties who are found partly at-fault for the accident to recover much-needed compensation from the other party.
However, you can only do so if you’re found to be less than 50% at fault for the accident, and the amount of compensation you receive will be reduced by the same percentage you are found at fault. If you’re injured in an accident with an uninsured or underinsured motorist and you’re found to be 30% at fault, you will receive 70% of your original compensation amount.
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Steps to Take After Getting Hurt in a Collision
If you have never been in a serious accident before, the road ahead of you might seem overwhelming. We do not want you to feel this way. We want to provide you with all the information you need to make decisions.
Here are some things you should be aware of while your case develops:
You do Not Have to Accept the Insurer’s First Offer
If you file a claim with your own insurance company, they may not treat you fairly–even though you are their client. They might offer you less money than you need at first. You do not have to accept this offer. Your legal team can keep negotiating or file a lawsuit in civil court.
You get the final say as to whether you accept an offer—not us. We will not make any decisions on your behalf without your permission.
You Should Not Agree to Give a Recorded Statement
With us on your side, you do not even need to talk to the insurance representatives. We will handle all of these communications. If they ask you to give a recorded statement, we advise against this because:
- The representative could ask you “loaded” questions to which there are no correct answers.
- The representative could use manipulative tactics to take your words out of context and twist them into things you did not intend.
- The representative could misinterpret your statements as an admission of fault or negligence.
All of these situations can impair your ability to successfully recover compensation through negotiations and lawsuits. You can forward all emails, text messages, and voicemails from the insurer to us. We will handle everything.
How Will You Know What Constitutes a Fair Settlement Offer?
The insurer might initially offer you thousands of dollars for your losses. This may seem like a tempting offer. However, that does not mean that this settlement will fully cover your losses.
Your uninsured motorist lawyer will calculate the cost of your damages using:
- Billing statements
- Testimony from economists and medical professionals
- Your employment records
Once we arrive at a sum, we will share our findings with you. This will help you understand what your losses are really worth. In fact, what the insurance company offers you may be a lot lower than what we are confident in being able to recover for you.
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We Have Secured Millions for Car Accident Cases
Kaine Law has a long track record of success. We have decades of experience in negotiating with insurance companies, using Georgia personal injury law to fight for our clients, and taking these cases to court. When it comes to advocating for injured people, we do everything we can to come out on top.
Some of our previous outcomes include:
- $11 million for a car accident claimant
- $5.75 million for a collision caused by poor roadway maintenance
- $4.32 million for a drunk driving accident
- $900,000 for a car accident
- $571,498 for a collision
Our firm is ready to deliver the same customer service and commitment that made these cases successful to you. We are determined to secure a settlement or award that meets your financial needs.
In Pain? Call Kaine Law
Our team of lawyers is ready to get started on your case. By filling out our online contact form, you can begin a free case review with our team. Please share with us:
- The date of your accident
- The severity of your injuries
- The types of damages you want to recover
- What you are looking for in an uninsured motorist lawyer serving Atlanta
We can start building your case as soon as possible.