While every driver in Georgia is required to have liability coverage, not all actually do. Unfortunately, there are thousands of crashes involving uninsured drivers reported statewide each year. Uninsured motorist claims are complicated. This raises an important question: What happens if I get hit by an uninsured driver? The short answer is that you need to be prepared to pursue every option to recover financial compensation, potentially including a claim through your own insurance company. Here, our Marietta car accident attorney provides a guide to the steps to take if you are struck by an uninsured motorist in Georgia.
What if I Get Hit By an Uninsured Driver in Marietta?
Liability coverage exists in large part to ensure that drivers who cause accidents can pay for the harm they inflict on others. It protects injured victims by creating a guaranteed source of financial recovery for medical bills, lost wages, and property damage. Unfortunately, uninsured motorists remain a very serious problem in our region. According to the latest data from the Insurance Information Institute (III), an estimated 19 percent of drivers in Georgia lack the minimum mandatory liability coverage. To put that into perspective, that means that one out of every five drivers who pass on the road is not properly insured.
Beyond identifying compensation sources, you must take deliberate legal and procedural steps to protect your claim. First, ensure the crash is properly reported. An official accident report establishes that the at-fault driver lacked insurance coverage. That fact becomes critical when pursuing UM benefits. Next, you should confirm your policy limits and coverage structure. Review the declarations page and endorsements carefully. Georgia law does not require drivers to carry uninsured motorist coverage, but insurers must offer it. You should also preserve any relevant evidence from the scene. All uninsured motorist crashes require a thorough investigation.
I Was Hit by an Uninsured Driver: What are My Options for Pursuing Compensation
With uninsured motorist accident cases, there are generally three broad paths to seek financial compensation. As a victim who was hit by an uninsured or underinsured driver in Marietta or elsewhere in Cobb County, you may pursue one or more of the following options:
1. A Direct Claim Against the Uninsured Driver: As a starting point, it is important to know that you retain the right to file a personal injury lawsuit against the uninsured driver. Georgia follows a fault-based system. If the driver’s negligence caused the crash, they remain legally responsible for your damages regardless of insurance status. The practical question is collectability. For that reason, this option is often not truly actionable. Many uninsured drivers lack significant assets or income. A judgment may be difficult to enforce. Still, litigation may be appropriate if the driver owns property, maintains attachable wages, or later acquires assets. Your Marietta uninsured motorist lawyer can help you evaluate it.
2. A Claim Through Your Own Insurer (UM/UIM Coverage): Uninsured motorist coverage, often called UM coverage, becomes the primary source of recovery in many cases. Georgia permits two forms of UM coverage: reduced by coverage and add-on coverage. Reduced by coverage offsets available liability limits, if any. Add-on coverage stacks on top of liability limits and can significantly expand available funds. Your policy language controls. If you have any questions or concerns about pursuing an uninsured motorist claim, our Marietta, GA car accident lawyer is more than ready to help.
3. A Fault-Based Claim Against a Negligent Third Party: In some cases, there may be other parties that also bear liability. Indeed, an uninsured driver may not be the only responsible party. For example, liability may extend to an employer if the driver acted within the scope of employment. Alternatively, a vehicle owner may bear responsibility under negligent entrustment principles if they allowed an incompetent or unlicensed driver to operate the vehicle. Beyond that, issues like product defects, roadway design flaws, or improper maintenance can also contribute to a crash. Identifying additional defendants increases the potential sources of recovery and strengthens overall case value. If you have any questions about bringing a claim against a third party, an experienced Marietta lawyer can help.
Recovering Compensation After a Crash with an Uninsured Driver in Marietta
In Georgia, car accident victims have the right to seek compensation for the full extent of their damages, including for non-economic losses. Unfortunately, defendants and insurance companies fight hard to pay out less in settlement. Even when liability is clear, they push hard to reduce payouts. Our Marietta, GA car accident lawyer has the experience to help you secure the maximum compensation. Along with other types of damages, you may be able to recover compensation for:
- Property loss, including vehicle damage;
- Ambulance costs and emergency room care;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative care;
- Loss of current and future wages;
- Pain and suffering & emotional distress;
- Disability or disfigurement; and
- Wrongful death of a family member.
Why Trust Our Marietta Uninsured Motorist Attorney
Uninsured motorist claims are complicated. Following a crash with a driver who lacked proper liability coverage, it is normal to have a lot of questions about your rights and your options. At The Persons Firm, LLC, we put injured victims first. With a proven record of six and seven-figure case results, our Marietta uninsured motorist lawyer is standing by, ready to protect your rights and your interests. Your initial consultation is free, confidential, and without additional obligations.
Contact Our Marietta, GA Uninsured Motorist Lawyer Today
At The Persons Firm, LLC, our Marietta car accident attorneys have the skills and experience to handle uninsured motorist claims. If you have any questions about an uninsured motorist case, we can help. Contact us today for a free, no obligation initial case review. From our Marietta law office, we handle uninsured motorist claims all across the wider region, including in the zip codes of 30060, 30061, 30062, 30063, 30064, 30065, and 30066.