One of the few comforts following a motor vehicle accident is the coverage provided by insurance. However, when you are struck by a driver who lacks insurance, you may be deprived of even that consolation. Even if you carry uninsured motorist coverage, you may find your bills exceed what your insurance company can pay.
If this happens, a Marietta uninsured motorist accident lawyer may be able to help. Georgia law provides you avenues to still seek compensation. To learn more, speak with someone at Bader Scott Injury Lawyers today in a free, no-commitment consultation. Call us at (404) 888-8888.
How to Seek Compensation from an Uninsured Motorist
The state of Georgia requires drivers to carry certain forms of car insurance. That way, drivers and passengers have access to funds for injuries following a collision. According to the Georgia Office of the Commissioner of Insurance and Safety Fire, the requirements are:
- $25,000 per person for bodily injury
- $50,000 per incident for bodily injury
- $25,000 per incident for property damage
Unfortunately, about 12% of Georgia drivers do not heed this rule, as reported by the Insurance Information Institute (III). Such drivers may choose to forgo insurance coverage, or they may forget to renew their policies. When you are struck and injured by one of these drivers, you will have to go through alternative avenues to seek compensation.
If You Have Uninsured Motorist Coverage
Insurance companies anticipate collisions with uninsured motorists and therefore offer coverage specifically for those accidents. This type of coverage is called uninsured motorist coverage. If you have this included in your policy, you could be reimbursed through your own insurance company for compensation that occurred in an accident with a driver who lacked insurance.
Uninsured motorist coverage may help pay for accident-related expenses such as:
- Emergency department visits
- Specialist appointments
- X-rays, MRIs, and other imaging scans
- Prescription medications
- Rehabilitative care
- Other injury-related expenses
However, depending on the severity of your injuries, you may find that your uninsured motorist coverage does not provide enough compensation to offset all of your expenses. In this case, you may be able to pursue a personal injury lawsuit against the negligent driver.
If You Do Not Have Uninsured Motorist Coverage
Not having insurance coverage specifically intended for an accident with an uninsured driver does not mean you’re out of luck. In this situation, you may be able to file a personal injury lawsuit against the driver to seek recovery for your accident-related expenses.
In the course of pursuing this lawsuit, you will need to compile evidence that demonstrates the other driver was negligent. That means their actions or decisions led to the accident that caused your injuries, making them liable for your related expenses. Proving this may require gathering:
- Photos from the accident scene
- Video surveillance
- Testimony from witnesses
- Medical analyses from healthcare professionals
- Police reports and statements
Collecting all of this information does not have to be your responsibility alone. A Marietta uninsured motorist accident lawyer can take these steps for you, as well as value your case and determine what compensation you may be able to seek from the uninsured driver.
For a free legal consultation with a uninsured motorist accidents lawyer serving Marietta, call (404) 888-8888
Reasons to Pursue a Personal Injury Claim or Lawsuit
A visit to the emergency department for accident-related injuries could cost thousands of dollars. If you require advanced care or ongoing treatments, you could be looking at tens of thousands of dollars in medical expenses. Moreover, you could face future medical consequences that you do not know about right now.
A personal injury lawyer can provide more information about how to assess your total injury costs, adding your future expenses into your case’s value. The team at Bader Scott Injury Lawyers can do the math for you. Call a team member today to learn more at (404) 888-8888.
Marietta Uninsured Motorist Accident Lawyer Near Me (404) 888-8888
Examples of Recoverable Medical Expenses
Accident injury costs could extend beyond emergency room visits and x-rays. Some expenses you may not have considered that could be recouped through your uninsured motorist coverage or a personal injury lawsuit include:
- Future follow-up appointments
- Dental injuries
- Chiropractic care
- Medical equipment, such as crutches, braces, and wheelchairs
- Psychological counseling
- Pain and suffering
- Infections and illnesses related to your injuries
Additional Types of Recoverable Losses
A personal injury lawsuit could help you address several additional forms of losses related to an accident, such as:
- Loss of income
- Diminished earning ability
- Reduced quality of life
- Diminished independence
- Loss of consortium (otherwise known as loss of companionship)
Your health is connected to your ability to work and maintain relationships. If a negligent driver robbed you of those abilities, you may be able to hold them accountable for that as well.
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Understanding How the Law Applies to Your Case
Georgia is a comparative negligence state, which is a legal term meaning responsibility for an accident may be divided between the parties involved, according to Georgia Code (O.C.G.A.) §51-12-33. The state uses a modified form of comparative negligence in which you are only eligible to seek compensation if the other driver’s percentage of responsibility for the accident is assessed to be 50% or more. For example, a court may determine that the other driver was 75% at fault, and you were 25% at fault. That means your compensation would be reduced by 25%.
It is important to be aware that Georgia’s statute of limitations for filing a personal injury or wrongful death lawsuit is typically two years from the date of the accident or death, according to O.C.G.A. §9-3-33. You will need to pursue your lawsuit within that timeframe.
However, while it’s important to understand the law, you do not need to know your exact percentage of responsibility in order to get started with your suit. Your uninsured accident injury attorney can review your case’s details and inform you of how your specific case could proceed.
Do Not Give Up on Your Case
Even without insurance coverage provided by the negligent party, you can pursue other options to seek compensation for accident-related injuries. Furthermore, if you have some insurance coverage but find it is insufficient for your expenses, you may also be entitled to pursue an injury lawsuit.
A Marietta uninsured motorist accident lawyer can help you take the next steps. Call Bader Scott Injury Lawyers today to receive a free consultation with a team member at (404) 888-8888.