After an accident, you’re already frustrated, injured, and dealing with a lot. Finding out that the other driver is uninsured is even worse. When there is no insurance, can you sue the other driver directly? The answer is yes, you can. However, it comes with a significant number of challenges if you try to do so without legal help.
At Underwood Law, LLC, our Georgia personal injury attorneys are here to help. We help victims of uninsured drivers seek the compensation they deserve, directly from the uninsured driver or other appropriate sources. Get in touch with us to learn more.
Georgia Requires Drivers to Carry Liability Insurance
Georgia law requires every driver to carry minimum liability coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Despite these requirements, many Georgia drivers are still uninsured. This can make the battle for compensation more challenging.
Yes, You Can Sue an Uninsured Driver Directly
Georgia’s fault-based system allows you to file a personal injury lawsuit directly against the uninsured driver. You can sue for:
- Medical bills
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Vehicle repair or replacement
- Permanent disability or scarring
Legally, nothing stops you from pursuing a lawsuit. The real question is whether the uninsured driver has any ability to pay.
The Biggest Challenge: Collecting Money After You Win
Most uninsured drivers are uninsured for a reason. Common issues include:
- Limited income
- No significant assets
- Poor credit
- Prior insurance lapses
- Financial instability
Even if you win a lawsuit and obtain a judgment, the driver may not have:
- Property you can place a lien on
- Wages you can garnish
- Bank accounts you can levy
- Assets you can seize
A judgment is only useful if the defendant has something to collect. Many uninsured drivers simply don’t.
When Suing an Uninsured Driver Makes Sense
There are situations where suing the uninsured driver is worthwhile. These include:
- The driver owns real estate
- The driver has a stable job with garnishable wages
- The driver owns valuable assets (vehicles, equipment, etc.)
- The driver was working at the time of the crash (creating employer liability)
- The driver has a history of avoiding responsibility and needs to be held accountable
In these cases, a lawsuit may lead to real recovery.
When Suing an Uninsured Driver Is Not Practical
A lawsuit may not be worth the time and cost if the driver:
- Has no job
- Has no assets
- Rents instead of owning property
- Lives paycheck-to-paycheck
- Has a history of unpaid judgments
In these situations, even a successful lawsuit may not result in compensation.
Your Best Protection: Uninsured Motorist (UM) Coverage
For most Georgia drivers, the most reliable path to compensation after being hit by an uninsured driver is Uninsured Motorist (UM) coverage. UM coverage is part of your own auto policy and can pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Vehicle damage
- Funeral expenses in fatal crashes
Georgia offers two types of UM coverage:
- Traditional (Reduced) UM: Your UM limits are reduced by any available liability coverage.
- Added-On UM: Your UM limits stack on top of any available liability coverage.
If the at-fault driver has no insurance, both types function similarly. Your UM coverage becomes the primary source of compensation.
Other Potential Sources of Compensation
Even when the driver is uninsured, you may still have additional avenues for recovery:
- MedPay coverage under your own policy
- Employer liability if the driver was working
- A negligent entrustment claim if someone allowed an unsafe driver to use their vehicle
- A products liability claim if a vehicle defect contributed to the crash
- A premises liability claim if road conditions or hazards played a role
These options depend on the facts of the crash.
Know How to Seek Compensation After an Accident with an Uninsured Driver
Despite the difficulties and frustration you face after an accident with an uninsured driver, we’re here to help. Our highly skilled motor vehicle accident attorneys are dedicated to winning you the compensation you deserve from the appropriate source.
Our team at Underwood Law, LLC are ready to help with your needs. Contact us today for a consultation.
