Athens Uninsured & Underinsured Motorist Accident Lawyers

Call Us If You Were Hit By an Uninsured Motorist

Were you hit by an uninsured motorist (UM) and don’t know how to pursue compensation for your injuries and damages? Don’t get lost in the complicated details of your case. Instead, let The Law Offices of Joshua W. Branch, LLC and our uninsured motorist accident lawyers in Athens be your legal guides from the start. We have built our careers and reputation on handling difficult claims and lawsuits for injured drivers in Athens and throughout Georgia. Discover the difference that trustworthy and experienced legal counsel can make by reaching out today.

You can learn more about your options after an uninsured motorist hit you by dialing (706) 760-9220 and asking for a free case evaluation.

What is an Uninsured Motorist?

An uninsured motorist is just as it sounds: a driver who does not have auto insurance. In Georgia, drivers must carry auto insurance before driving on public roads, but there are always people who disregard the law. Based on data from the Insurance Information Institute (III), about 18% of all drivers in Georgia are uninsured. When you are on the road in Georgia with four or five other drivers nearby, statistically, one of them does not have auto insurance.

What is Uninsured Motorist Insurance?

Getting hit by an uninsured motorist means you won’t be able to file a claim against their auto insurance provider. Filing directly against them might be complicated, too, if they do not feasible have the finances to pay for your losses. If you have uninsured motorist insurance, though, you can use your own policy.

Uninsured motorist insurance allows you to file a first-party claim, which means the case is filed against/with your own auto insurance provider rather than another driver’s provider. Like any other car accident claim, though, you should expect some pushback from your insurance provider because no insurer, yours or otherwise, likes to pay a claim.

Uninsured motorist coverage policies vary but usually provide the following, up to policy caps:

• Medical treatment costs
• Vehicle repair costs
• Lost wages
• Property damage costs

The Importance of Uninsured Motorists/Underinsured Motorist Coverage

More often than not we deal with defendants who do not have adequate insurance coverage on their motor vehicle.  The State of Georgia only mandates $25,000 in liability coverage to have the minimum required.  So, you can imagine a scenario in which the injured victim from a car accident has over $100,000 in medical expenses but the defendant driver has only the state minimum of $25,000 in liability coverage – sadly, this happens quite often. 

Thankfully, the solution is simple: MAKE SURE YOU CARRY AS MUCH UM/UIM COVERAGE ON YOURSELF AND YOUR FAMILY THAT YOU CAN AFFORD so in those such instances you have additional insurance coverage to purpose so that justice can be obtained in such situations.  

Remember, the insurance coverage (liability and UM/UIM) is the extent of available recovery in your personal injury case, so having substantial UM/UIM allows you seek a full and just recovery if the at-fault driver is without coverage or has inadequate coverage.

Often clients become concerned that if they use their own coverage that their rates/premiums will increase; however, there is a statute in the State of Georgia that prohibits such retaliatory conduct from insurance companies and it is codified at O.C.G.A. 33-9-40.  In essence it says that an insurance company cannot punish a customer for using their own insurance in situations which they were not at-fault.

If you are hit by an uninsured or underinsured motorist (UM/UIM), you might still have options to make a recovery if you were wise enough to ensure you have adequate UM/UIM coverage on yourself and your family.

• Uninsured motorist insurance is meant to cover your losses and damages if you are hit by a driver with no auto insurance coverage. This type of insurance can also apply if the other driver can’t be identified, such as after a hit-and-run accident (Granted, an independent witness needs to be present to verify such a hit-and-run).
• Underinsured motorist insurance is meant to cover the losses and damages that are left unpaid after using up the other driver’s insurance policy coverage. For example, if your medical bills were $50,000 but the liable driver’s insurance only covered $20,000, then your UIM coverage could provide the remainder of what is fair based upon your pain and suffering and total medical expenses and lost wages.  However, the details of the UM/UIM policy will dictate so ensure you have as much UM/UIM as possible.

Importantly, make sure your UM/UIM coverage is “add-on” or “excess” so that it can stack on the liability coverage and not be reduced by the at-fault driver’s coverage.

Claims filed using UM/UIM insurance coverage are first-party claims. Both types of insurance have a coverage cap, too, so it is always recommended that you purchase a UM/UIM insurance policy with the maximum cap that you can reasonably afford. 

If there are any issues, disputes, or denials with the insurance coverage, its caps, and/or your eligibility as a covered party, then it could mean that you end up in a legal contest with your own auto insurance provider, rather than that of another motorist.