If the at-fault party doesn’t have car insurance, you have legal options. One of those options includes filing a claim with your own auto insurance provider. Every insurance company in Georgia must offer no-fault insurance when selling policies, per O.C.G.A. § 33-7-11. You may have this form of coverage unless you previously rejected it in writing.
If you don’t have uninsured motorist protection coverage, you can file a lawsuit against the at-fault party. Here, you generally have two years to file a lawsuit, per O.C.G.A. § 9-3-33.
You Can File a Claim with Your Own Insurance Provider
You might think that filing a claim with your insurer is pretty straightforward. After all, you’ve faithfully paid your insurance premiums. Why shouldn’t it offer you coverage? Unfortunately, insurers don’t always cooperate.
Insurance companies make money by selling policies and denying claims. This is where hiring a lawyer comes in handy. They can file your uninsured motorist protection claim and:
Review All Paperwork for Accuracy and Completion
When filing your insurance claim, accidentally providing the wrong information can derail your case. Our lawyers can assess your case’s paperwork and ensure it’s filled out accurately and filed on time.
Assess the Insurance Policy
Even generous insurance policies come with limits. We will review your uninsured motorist protection coverage if you have it and assess whether your coverage meets your needs.
Negotiate a Settlement
The liable insurer (even if it’s your own) may offer less than you deserve. In this situation, you can negotiate for a better offer. This involves showing evidence, reviewing the applicable policy, and asserting the nature of your condition.
For a free legal consultation, call 404-214-2001
You Can File a Lawsuit Directly Against the At-Fault Party
The Office of Commissioner of Insurance and Safety Fire notes that every motorist in Georgia must carry auto insurance. However, not everyone follows this rule. Some motorists neglect to purchase insurance or let their policies lapse.
While this complicates the financial recovery process, you still have options. You can sue the at-fault party. This requires:
Abiding By Georgia’s Statutory Deadlines
As noted, you generally have two years to file your civil lawsuit. However, matters change depending on who you’re suing. For instance, if you were hit by a government-owned vehicle, you generally have six months to file, per O.C.G.A. § 36-33-5.
When you partner with a lawyer, they can manage your case’s deadlines.
Identifying the At-Fault Party
Before filing a lawsuit, you must first identify the at-fault party, which may include a:
- Government agency
- Vehicle manufacturer
Identifying the at-fault party includes investigating your case and evaluating evidence.
Arguing Your Case in Court
Going to court is more than asking a judge and jury for compensation. It involves establishing that another party caused your accident, and that this negligence caused your injuries and other losses. This requires:
- Taking depositions. Witnesses must give statements regarding the accident’s cause and condition’s severity.
- Cross-examining witnesses. The defense will have its own witnesses ready to refute your case. Our lawyers will look for “holes” in their testimony to discredit their statements and empower your case.
- Completing the discovery phase. There’s no such thing as “surprise evidence.” Both sides will work with the same information. This requires us to share evidence with the other party’s legal team and vice versa.
- Objecting to unfair legal proceedings. If we find that the defense asks unfair or “loaded” questions during questioning, we will object to those inquiries. We will also move to dismiss any unfairly collected evidence or irrelevant information.
- Advocating for you. By showing the cause of your accident, the severity of your condition, and the cost of your damages, we will aim for a fair outcome.
You Can Recover These Damages If an Uninsured Driver Hit You
After being injured by an uninsured driver, you can seek recovery for your:
Past and Future Healthcare Expenses
Recoverable medical bills may comprise:
- Medications, including intravenous fluids
- Assistive devices, like casts and braces
- Physical therapy and mental health services
- Doctors’ visits
- Diagnostic exams
- Imaging scans, such as X-rays
A settlement or court award should account for your past, present, and future healthcare expenses.
Suffering harm in a car accident can result in missed time from work. As such, compensation should account for lost income, hourly wages, and bonuses. If your injuries permanently affect your earning power, you can seek recovery for that hardship, as well.
Pain and Suffering
First things first, Georgia does not cap pain and suffering. So, there is no limit to how much you can request. Pain and suffering’s value depends on your injury’s severity, estimated recovery period, and emotional wellbeing. It pays for the physical and emotional hardships your accident caused.
Other Related Expenses
Other recoverable losses may include:
- Transportation expenses. You may have needed rideshare services or public transportation while your car was out of commission.
- Repair or replacement costs. Your car may have needed repairs or replacing. We can assess the value of your case before the accident and calculate these expenses accordingly.
- Funeral expenses. If you lost a loved one, compensation can include funeral, burial, and memorial costs.
- Loss of consortium. If your collision negatively affected your relationship with your spouse, you can seek recovery for this expense. As opposed to other damages, you generally have four years to seek this loss.
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Why Partner with a Lawyer from Our Team?
Even if the at-fault party had insurance, this wouldn’t necessarily make the financial recovery process any easier. Fighting for compensation is difficult, especially when the case involves multiple parties and serious injuries.
We will handle everything your case requires from beginning to end. Our team has recovered millions for car accident claimants, including an $11 million settlement for a serious collision.
We also work on contingency, so you pay nothing up front for our help.
Complete a Free Case Evaluation form now
Call Kaine Law to Begin Your free Case Review
If you or a loved one suffered harm in an accident with an uninsured motorist, our team can navigate the legal process and pursue what you need. To explore working with our firm, begin a free case review by dialing (404) 214-2001.
Call or text 404-214-2001 or complete a Free Case Evaluation form