Can You Sue Someone for Not Having Car Insurance?

Understanding the Risks of Uninsured Drivers in Georgia

It’s a frightening thought: getting into a car accident with someone who doesn’t have car insurance. But what happens if the at-fault driver is uninsured in Georgia? Can you sue them? The answer isn’t always straightforward, and the legal landscape can be confusing. This guide breaks down the key things you need to know about uninsured and underinsured drivers in Georgia, helping you understand your rights and options after an accident.

Can You Sue an Uninsured Driver in Georgia?

Georgia’s Uninsured/Underinsured Motorists Law

Georgia has a law designed to protect drivers in accidents with uninsured or underinsured motorists. Here’s how it works:

Who Does It Cover?

  • Drivers: The law protects you, the driver of the insured vehicle.
  • Passengers: It also covers passengers in your vehicle, including:
    • Your spouse
    • Relatives living with you
    • Guests in your car
    • Anyone driving your insured vehicle with your permission

Key Situations Where It Applies:

  • Uninsured Driver: The at-fault driver has no insurance at all.
  • Hit-and-Run: The driver flees the scene and can’t be found.
  • Underinsured Driver: The at-fault driver’s insurance coverage is not enough to cover your damages.

Uninsured/Underinsured Motorist Statistics

The problem of uninsured drivers is a real issue in Georgia and across the country. Here’s what the statistics tell us:

  • Nationwide: Approximately 12.6% of drivers nationwide had no auto insurance in 2019.
  • Georgia: About 12.4% of Georgia drivers were uninsured in 2019.
  • Georgia’s Legal Minimums: Georgia’s minimum liability insurance requirements are:
    • $25,000 per person for bodily injury
    • $50,000 per accident for bodily injury
    • $25,000 per accident for property damage

Is Uninsured/Underinsured Motorist Insurance Required in Georgia?

While it’s not legally required, all drivers should seriously consider purchasing UM/UIM insurance as part of their auto insurance. It offers critical protection in the event of an accident with an uninsured or underinsured driver.

Why is UM/UIM Coverage Important?

  • Judgment Proof Drivers: Many uninsured drivers have few assets, making it difficult to collect damages even if you win a lawsuit.
  • Financial Protection: UM/UIM coverage ensures you have funds available to cover lost wages, medical expenses, and other losses caused by the accident.
  • Peace of Mind: It provides peace of mind knowing you have a financial safety net in case of an accident with an uninsured driver.

What Does Uninsured/Underinsured Motorist Insurance Cover?

UM/UIM coverage typically covers the same things as your liability insurance would if you caused an accident:

  • Medical bills
  • Lost income
  • Pain and suffering
  • Loss of consortium
  • Wrongful death
  • Property damage repair or replacement

How Much UM/UIM Coverage Should I Purchase?

The amount of coverage you need depends on your individual circumstances. Consider factors like:

  • Your driving habits: If you commute on major highways, you might consider more coverage.
  • Your financial situation: You need to ensure the coverage you choose aligns with your financial needs.

Options for Covering Your Damages After an Accident with an Uninsured Driver

Here are the potential avenues for recovering damages:

  • Uninsured or Underinsured Coverage: Your own UM/UIM coverage can help you recover damages if the at-fault driver has inadequate or no insurance.
  • Personal Injury Protection (PIP): This coverage, if you have it, may pay for your injuries regardless of fault.
  • Collision Insurance: If you have full coverage, your collision insurance can cover your damages, but you’ll need to pay your deductible.
  • Health Insurance: Your health insurance may cover some medical expenses.
  • Suing the At-Fault Driver: You have the right to sue the driver, but it may be difficult to collect damages if the driver is judgment proof.
  • Seeking Other Defendants: Consider if other parties may share liability, such as employers or third parties involved in the accident.

Navigating the legal complexities of uninsured or underinsured driver situations can be challenging. An experienced personal injury lawyer can help you:

  • Understand your rights and options
  • Determine the best strategy for seeking compensation
  • Navigate the claims process
  • File a lawsuit if necessary

Learn more about us at: Ketomud

Remember, if you’ve been involved in an accident with an uninsured or underinsured driver, it’s crucial to contact a reputable attorney as soon as possible to safeguard your rights and protect your financial interests.

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