If you get into a car accident without the required auto insurance coverage, the consequences could be steep. As our car accident attorneys explain in the following article, you could face fines, license suspension, and even criminal charges.
Additionally, without liability insurance, you could be financially responsible for any damage you caused if you were at fault. You also lose access to coverage of your own, like medical payments or uninsured motorist (UM) protection, that could help pay for your injuries.
Liability Insurance Requirements in Georgia
According to the Georgia Department of Insurance, all drivers are required to carry a minimum amount of liability coverage before they can register their vehicle. If you cause a crash, liability insurance pays for the other driver’s injuries and vehicle damage, up to your policy limits. That way, you do not have to cover those costs yourself.
There are three different types of insurance you must carry. State law requires a minimum amount of coverage for property damage, bodily injuries per person, and the total amount of bodily injury coverage per accident. These requirements include:
- $25,000 for Bodily Injury Liability (BIL) per person
- $50,000 for BIL per accident
- $25,000 for Property Damage Liability
Liability insurance is the only type of mandated coverage under the law. However, there are numerous forms of voluntary insurance coverage, including:
- Collision insurance: Pays to repair or replace your own vehicle after a crash, no matter who caused it
- Medical payments (MedPay) coverage: Pays medical bills for you and your passengers after a crash, no matter who caused it, up to your policy limit
- Uninsured motorist (UM) coverage: Pays for your injuries and other losses when the driver who caused the crash has no insurance or not enough, or when a hit-and-run driver can’t be identified.
Despite these requirements, many Georgia drivers go without coverage. According to the Insurance Information Institute (III), 19 percent of Georgia drivers were uninsured in 2023, compared with 15.4 percent nationally. That gap is one reason uninsured motorist coverage can be worth having.
For a free legal consultation, call 404-214-2001
What Happens if You Get Into an Accident Without Insurance?
Here are some consequences you could face if you cause an accident without insurance:
You Could Be Forced to Pay Out of Pocket for the Other Party’s Losses
If you were responsible for the accident, the lack of insurance coverage could be a costly problem. Georgia is an “at-fault state,” which means the party that causes an accident can be held financially responsible for any damages.
If you do not have liability coverage, you could be on the hook for these damages on your own. Remember: car accident injuries can lead to costly medical expenses and other losses. Dealing with these expenses without insurance coverage can be overwhelming for many people.
The Other Party Could Sue You in Civil Court
If you cause a crash and you do not have insurance, the other driver may turn to their UM policy for coverage. Under O.C.G.A. § 33-7-11, every auto insurance policy in Georgia must include uninsured motorist coverage, but the policyholder has the right to reject that coverage in writing.
If the other driver has UM coverage, they could recoup compensation for their losses through that policy. Even then, their insurance company could sue you to recover what it paid.
If the other driver does not have UM coverage, they could file a lawsuit directly against you. Either way, if you don’t have the funds to pay, the courts could put a lien on your house or seize some of your assets. This decision could endanger your financial stability in the future.
You Could Be Charged and Convicted of a Misdemeanor
O.C.G.A. § 40-6-10 makes driving without insurance a misdemeanor, whether or not you are involved in an accident. Under this statute, you could face:
- A fine costing anywhere from $200 to $1,000
- Up to 12 months in jail
- The loss of your driving privileges for 60 to 90 days
If you had insurance but could not provide proof to the attending law enforcement official, you could be charged with a $25 fine. Most of the time, after showing that you had insurance to the authorities and paying the fine, you would not face any more penalties.
You Have Options if You Got Into an Accident With No Insurance
While you’re required to carry insurance in Georgia, that doesn’t automatically make you liable for a collision. If another party’s negligence caused the crash, you can still pursue compensation for your injuries. Under Georgia’s contributory negligence rules in O.C.G.A. § 51-12-33, you can recover as long as the other party was more at fault than you were.
With our team on your side, we can prove fault by:
- Reviewing the police report
- Talking to eyewitnesses and accident reconstruction specialists
- Looking at traffic camera footage and photos of the accident scene
- Analyzing physical evidence, like skid marks and debris from the collision
You could still face penalties for driving without insurance. However, if we can prove the other driver caused the collision, you can seek compensation for your losses.
Depending on your injuries, the compensation you may pursue includes:
- Medical expenses: Current and future treatment costs
- Lost wages: Income you missed while recovering
- Lost earning capacity: A reduced ability to earn in the future
- Property damage: Repair or replacement of your vehicle
- Pain and suffering: Physical pain and emotional distress caused by the crash
Your lack of insurance does not reduce what the at-fault driver owes you for these losses.
You Have Options if You Were Hurt by an Uninsured Driver
You have financial recovery options if you were hurt by a negligent, uninsured driver. First things first, you might have UM protection coverage without even knowing it. In that instance, you could recoup compensation by filing a claim with your own insurer. Your UM coverage can also apply if a hit-and-run driver caused your crash. If your policy includes medical payments coverage, it can help pay your medical bills regardless of who was at fault.
If you do not have UM coverage, you could sue the other driver for the cost of your damages. Plus, the uninsured driver may not be the only party responsible for your losses. Others who may share liability include:
- Employers: If the driver was working at the time of the crash, their employer may be liable.
- Other drivers: More than one driver may have contributed to the collision.
- Government entities: A city, county, or state agency may be responsible for a dangerous road condition.
- Manufacturers: A defective vehicle part may have caused or worsened the crash.
Each of these parties may carry insurance that can help cover your losses. If you win a lawsuit against the uninsured driver, the court will enter a judgment for the amount they owe you. You may then be able to collect through wage garnishment or a levy on their assets.
Pursuing a lawsuit and collecting on a judgment can take time and persistence. Our Atlanta car accident attorneys can handle everything associated with filing a lawsuit and pursuing your case.
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Talk to Our Personal Injury Law Firm Following Your Car Accident
If you were injured in an accident where either you or the other driver didn’t have insurance, we can determine your legal options moving forward. During your free case review, you can discuss your case with our team and decide whether legal action is right for you.
Call Kaine Law today to get started.
Call or text 404-214-2001 or complete a Free Case Evaluation form
