If you suffered harm in a collision caused by a driver without automobile insurance, a Lawrenceville uninsured motorist accident lawyer could help you seek compensation for your damages. You might feel hesitant to hire an attorney to represent you on what you feel is a hopeless case, but there are two reasons to hire a lawyer for your uninsured driver accident injury claim:
- Your case might not be hopeless after all. There are several options for pursuing damages for your losses when the at-fault driver does not have automobile liability insurance coverage.
- Kaine Law handles these cases on a contingency-fee basis. If you do not win, you do not owe us any money for legal fees.
We truly care about our clients. We leave no stone unturned in pursuit of justice. If you want a law firm that fights for victims and their families, Kaine Law is the firm for you.
How Uninsured Motorist Insurance Coverage Works
Georgia does not require people to carry uninsured motorist (UM) coverage, but if you are hurt in a crash with an uninsured driver, you will be grateful if your automobile insurance includes uninsured motorist coverage. With UM coverage, you make a claim under your own policy. They can pay your losses up to the limit of your UM coverage.
For a free legal consultation with a uninsured motorist accident lawyer serving Lawrenceville, call 404-214-2001
Required Automobile Insurance Coverage in Georgia
The Office of Commissioner of Insurance and Safety Fire (OCISF) states that people who own or operate motor vehicles within the state of Georgia must carry at least these coverage types and amounts:
- Bodily Injury Liability coverage of $25,000 per person and $50,000 per accident, and
- Property Damage Liability coverage of $25,000 per accident.
Unfortunately, many people drive around uninsured. They can receive a citation for failure to carry the minimum coverage, but that ticket does not get your losses paid.
Lawrenceville Uninsured Motorist Accident Lawyer Near Me 404-214-2001
Other Possible Sources of Compensation in Uninsured Motorist Cases
You might be able to collect compensation even when the at-fault driver does not have automobile liability insurance. Here are some examples of possible options in this situation:
- If your automobile liability insurance includes Uninsured Motorist (UM) coverage, you could recover money for some of your losses under your own policy.
- You could sue the at-fault uninsured motorist and execute on the judgment out of the defendant’s personal assets. The at-fault driver might have plenty of money to afford automobile liability insurance but have let their coverage lapse accidentally.
- The defendant might have another kind of liability insurance that could cover your damages. For example, some people have a rider on their homeowners insurance policy, called an “umbrella” liability rider, that can pay negligence claims. These policies often have high coverage limits, like $1 million or higher.
After you receive a judgment against the uninsured motorist, you might be able to garnish their wages or bank accounts.
These methods are complicated, so you might want to work with an attorney who handles Lawrenceville uninsured motorist claims when you pursue damages.
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How a Lawrenceville Uninsured Motorist Accident Lawyer Could Help with Your Injury Claim
Your lawyer can investigate the crash and the defendant’s financial situation, help you navigate the insurance claim process, and take the case to court if necessary. If you get a judgment, your attorney can also help you with collection efforts against the defendant.
While Kaine Law does the legwork, you get to rest and recuperate from your injuries. If you tried, instead, to handle your injury case alone, you would have to do all this work on your own while trying to get better from your wounds.
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Elements of Negligence in Lawrenceville Uninsured Motorist Cases
Being uninsured does not automatically make the other driver liable for your injuries. Here are the factors we must prove to hold the other motorist accountable for your losses:
- Duty of Care. The other driver must have owed you a duty of care. All drivers in Georgia have a responsibility to obey the rules of the road.
- Breach of Duty. The defendant (uninsured driver) must have violated the duty of care. Breaching the legal duty is negligence. Let’s say that the defendant drove after consuming alcohol and had a blood alcohol concentration (BAC) exceeding the legal limit. Driving while impaired violates the rules of the road and is careless.
- Causation. The negligence must be what caused the crash that harmed you. Continuing our scenario, the defendant passed out at the wheel due to intoxication and ran into your car. The careless conduct caused the accident.
- Damages. You must have measurable losses from the collision. If you have physical injuries from the crash, you have quantifiable damages that satisfy this element.
We can take legal action against the defendant if we can prove all four of these elements of liability.
How Long You Have to File a Lawsuit
You do not want to sit on your rights for too long after an accident with an uninsured driver in Georgia. Your insurance company will require you to report the collision immediately. This requirement is particularly essential when planning to seek compensation under your own automobile policy’s uninsured motorist (UM) coverage.
Also, there is a filing deadline for personal injury lawsuits in Georgia. Under O.C.G.A § 9-3-33, you must file your case in court before the two-year deadline. If the filing deadline passes, you will lose all right to seek compensation for your injuries and losses. Two years can fly by after suffering wounds in a collision and undergoing medical treatment.
Sometimes, the filing deadline is even less than two years. If you plan to make a claim against a government agency, you must file your claim within six months, according to O.C.G.A. § 36-33-5. Kaine Law can handle your claim against a government agency as well as your claim against an individual or company.
Call Kaine Law Today to Get Started on Your Gwinnett County Claim
You can get started today. Please reach out to Kaine Law for an initial consultation at no charge. We can handle the entirety of your case while you focus on your health and wellbeing.