If you have been in a car accident with someone who is uninsured, what are your legal rights? What should you do next? This article will discuss what happens when you get hit by an underinsured or uninsured driver. You will learn what your options are, what to do if the insurance company denies your claim, and the benefits of engaging a personal injury attorney in Atlanta, Georgia, to make sure you are taken care of within your rights.
What to Do First After an Auto Accident
Reduce some of the stress of an auto accident by knowing beforehand what you should do if one occurs. If you are involved in an auto accident, here are some of the first things you need to do:
- Make sure everyone is OK. Assess if there are injuries and immediately call 911 for emergency assistance if there are.
- File a police report. Whether injuries are present or not, a police report will need to be filed–don’t leave the scene of the accident before this occurs. Some injuries and damages may not be apparent at first.
- Call your insurance company to file a claim if damages are present. It is important to document the accident with the police and with your insurance company. To receive proper claim coverage, make sure you don’t miss this step.
- Gather information at the scene. Use your cell phone to take pictures of both vehicles, the driver, and all damages, including those on your person, your property, and any affected property nearby. Note the date, time, and exact location of the accident for when you talk to the insurance company.
- Exchange insurance information. In most states, it is illegal to drive without auto insurance. Every driver should carry the required amount of auto liability coverage. Then, regardless of who causes damage and gets hurt (or just property), there won’t be any financial consequences because all parties are legally protected. Even if the at-fault driver doesn’t have insurance you will need his contact information for when you file the claim with the insurance company. If he has partial insurance, you will also need his insurance policy number. They will also ask you for the police department involved and the police report number so note that down.
But what do you do if the party that hit your car doesn’t have adequate coverage? And why would someone not be insured? Read on to find out!
Why Would Someone Not Be Insured?
There are many reasons why someone might be underinsured. Some people choose to purchase the minimum insurance coverage required by law, while others have little, or no money saved for an emergency or other situation that requires more than what they can afford on their own. Whatever the reason may be, if you are hit by someone who is uninsured and your injuries exceed what his insurance pays out, there are actions you need to take to protect yourself moving forward.
What Do You Do if the Driver that Hits Your Car is Uninsured or Underinsured?
If a person is injured through no fault of their own due to another party’s negligence, and that party does not have enough insurance coverage, how does the victim receive what he is owed? The injured party is left with a couple options:
- Try to settle with the insurance company. If your injuries were serious enough to require more than one surgery, you are entitled to the full underinsured motorist benefits.
- Sue the uninsured motorist using your underinsured motorist benefits. The insurance company will compensate you for the total amount minus any portion they already paid out more than your UM limits. Again, if your injuries require more than one surgery you are entitled to the full underinsured motorist benefits.
- Sue the uninsured motorist on your own with a personal injury attorney in Atlanta, Georgia. Sue for both medical bills, auto damages, and lost wages. By utilizing some of your underinsured motorist benefits, your attorney’s fees will be covered by the insurance company.
What if You Were Hit by an Uninsured Driver in a No-Fault State?
Being involved in an auto accident in a no-fault state can make the resolution process a little more complicated. Simply put, a no-fault state requires your insurance provider to pay some or all of your medical bills and lost wages regardless of who was at fault for the accident.
These complicated cases benefit from the expertise of a personal injury attorney in Atlanta, Georgia, who is familiar with how to proceed to save you both time and money.
Protect Yourself with Uninsured vs. Underinsured Motorist Coverage
You should consider uninsured or underinsured motorist coverage to protect yourself from drivers who are uninsured or have inadequate insurance. Uninsured and underinsured coverages provide valuable protection against those without any insurance, those who do not have adequate insurance, and those found to be negligently responsible for the accident.
How Does Uninsured or Underinsured Motorist Coverage Work?
If you are hit by an uninsured driver, your insurance company is responsible for covering the damages. Further, if you are involved in a car accident and the at-fault party doesn’t have adequate insurance to cover all the damages, then the underinsured motorist coverage will protect you.
How to Find the Right Attorney for You?
When involved in an accident with an uninsured motorist, get the legal help you need! Especially if your claim is denied. When there is no one else to take responsibility for the damage done to your vehicle and personal well-being, you may be tempted to give up. Unfortunately, you often can’t afford to.
Instead of accepting the insurance company’s low ball settlement check and walking away from your claim, you need to fight for what is right. According to most reputable websites on the internet, if your case is handled by a personal injury attorney in Atlanta, Georgia, then your chances of getting a fair deal goes up between 80% and 98%.
To get that help, don’t forget that when you are looking for an attorney in Atlanta, Georgia, there are three important things to consider: 1) experience; 2) personality; and 3) results.
Taps & Associates knows your rights as a victim and the damages you can lay claim to. We have a well-established, successful history and track record as attorneys for clients in Metro Atlanta, Columbus, and the entire state of Georgia. Our experience, and 95-percent win rate, can get you the reimbursement and personal care you deserve.
If someone uninsured hits your car, don’t give up! Contact us at 404-492-8746 to find out what we can do for you.