When an individual is involved in an uninsured car accident, seeking compensation or defending against a claim could become complicated. Involved parties may need to jump through additional legal hurdles in order to reach a beneficial outcome, which could be difficult if they are unfamiliar with the process.
With the help of an Atlanta uninsured car accident lawyer, a person could better understand the circumstances of their case as well as their legal options. A well-practiced attorney may have the experience to explain a person’s legal options following an uninsured car accident, and could help them gain the compensation they need for any damages and injuries.
Contributory or Comparative Negligence
Atlanta is a contributory negligence jurisdiction. When someone suffers an injury and is partially at fault, they could recover compensation from the other party who may be at fault provided their negligence is less than 50 percent. If the plaintiff’s negligence is 50 percent or more, they may not recover any compensation.
Uninsured Motorist Coverage and Compensation
Georgia’s minimum insurance limit is only $25,000, meaning the amount a person may cover for someone they injured is just $25,000. A large number of the American population may not have more than $500 saved to cover an emergency. When someone with no assets causes a two million dollar injury or even death, the only recovery regardless of the actual cost of the injury may be the state minimum of $25,000.
A person may receive a multi-million-dollar verdict against an individual, but unless that individual has assets to pay the verdict and judgment, the judgment could effectively be worthless. People in Georgia may apply for and purchase uninsured motorist or underinsured motorist coverage (UM/UIM) from their auto insurance company along with their liability coverage.
If an individual with an uninsured motorist coverage is seeking compensation for a car accident, they may benefit from speaking to an Atlanta uninsured car accident lawyer.
The UM/UIM policy may provide coverage to the person who purchased the policy, the passenger in their car, and any relatives of the person who lives with them. When an individual suffers an injury and the other party has no insurance or does not have sufficient insurance, the person’s insurance company may cover the claim up to the amount of coverage they purchased. It is possible to purchase up to several million dollars of underinsured motorist coverage and could also relatively be inexpensive.
Since a person has more control over a UM/UIM policy, it could be a bargain considering potentially as important as having liability coverage. A unique aspect of Georgia law is that to collect against uninsured or underinsured motorist coverage, the injured person must sue the at-fault driver. A person could speak to an Atlanta uninsured car accident lawyer regarding how the UM/UIM policy affects their car accident.
Hit and Runs
When a hit and run driver flees the scene, the injured person must sue them and serve their UM carrier. The UM carrier may answer the complaint, defend the case, cross-examine the injured party, and may dispute the case even though it is the injured person’s insurance company. When an at-fault driver has some insurance but not enough, and they may need their underinsured motorist coverage to fill in the gap, the same scenario applies. They may sue the at-fault driver and serve them; they also serve their underinsured motorist carrier.
How an Atlanta Uninsured Car Accident Attorney Could Help
The UIM carrier appoints a lawyer which means the individual may have two sets of lawyers fighting them. They may have the at-fault party’s lawyers and their own insurance company’s lawyers opposing them. Many times, the case could go all the way to trial disputing the extent of the individual’s injuries or the cause of their injuries.
For further questions regarding an uninsured car accident, speak to an Atlanta uninsured car accident lawyer. Learn your legal rights and protect yourself from liability.