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What are Your Options If You are Hit By an Uninsured Motorist in Georgia?

Under Georgia state law, drivers are required to have liability insurance. Unfortunately, not all motorists follow the rules. According to data from the Insurance Information Institute (III), nearly one in seven drivers in Georgia lack the minimum mandatory automobile insurance coverage. 

This raises an important question: How do you recover compensation if you are in a collision with an uninsured driver? You have a few different options available. Here, our Atlanta car accident lawyers provide a guide to uninsured motorist accident claims in Georgia. 

Three Options to Recover Compensation After an Uninsured Motorist Accident

  1. A Lawsuit Directly Against the At-Fault Party

Georgia is a fault-based auto accident state. Any party that causes a motor vehicle collision through negligence is legally liable for the resulting damages. A driver can still be held personally liable for accident damages even if they failed to obtain liability insurance coverage. After an uninsured motorist accident, you can file a lawsuit to seek financial compensation directly against the at-fault driver. 

Caveat: Unfortunately, this is not an effective option in most cases. While there are some exceptions, most uninsured lack the personal assets to cover damages. 

  1. A Claim Against Another Party 

More than one party may bear legal liability for the same accident. It is essential that all defendants that may be liable for a crash are identified. Even if one driver is uninsured, you may still be in a position to pursue financial compensation against another party. Some defendants that may be legally liable for a crash include: 

  • Other drivers; 
  • Trucking companies; 
  • Automobile manufacturers; and
  • Highway maintenance companies.  

All serious car crashes in North Georgia require a comprehensive investigation by an experienced professional. Our Atlanta car accident lawyers will carefully review your accident—making sure that we have all of the evidence and information needed to prove liability. 

  1. A Claim Through Your Own UM/UIM Coverage 

Finally, an injured victim may be able to recover financial compensation through their own uninsured motorist (UM) or underinsured motorist (UIM) policy. If you have UM/UIM coverage, you can seek financial relief for damages sustained in a car with a driver who does not have adequate liability coverage. This is often the best option for recovering compensation after an uninsured motorist accident. Unfortunately, many people run into problems when dealing with their own insurance company. If you have any questions about UM/UIM claims, a skilled Georgia car accident lawyer can help. 

Schedule a Free Consultation With an Atlanta, GA Car Accident Attorney


At Stewart Miller Simmons Trial Attorneys, our Atlanta car accident lawyers are aggressive, experienced advocates for injured victims. If you were hurt in a crash with an uninsured driver, we can help. Call us at (404) 529-3476 or use our online contact form to set up your free, no obligation case review. From our office in Atlanta, we handle motor vehicle accident claims throughout the region, including in Fulton County, DeKalb County, and Cobb County.