In Georgia, every driver is required to carry at least $25,000 in liability insurance. Liability insurance is the type of insurance that covers an at-fault driver for bodily injuries suffered by others. The liability insurance company for the at-fault driver will “step into the shoes” of the at-fault driver and pay out up to the amount of the policy.
From a general standpoint, insurance is important because statistically, at some point, many drivers will cause a wreck that hurts someone else. And, statistically, most people do not have thousands of dollars just laying around to compensate injured people.
But what happens if you’ve been injured by a driver who does not have liability insurance? Will you still be able to collect against that driver? Can you make a claim with your own insurance?
First, it is possible that you may be able to collect money from your own insurance company if you have uninsured or underinsured motorist coverage. If you have such coverage, then your provider may pay you for your injuries. If you do not have such insurance, then this will not be possible. However, often times automobile insurance policies maintained by other persons living at your residence may cover you. For example, you may be able to make a claim under the underinsured motorist coverage that a relative has who lives with you.
Second, just because a person does not have insurance does not mean that they are off the hook to compensate you. Your option is to file suit against them in court and get a judgement. You would then collect on that judgement via garnishments, bank account levies, and liens. Unfortunately, that is a costly process, and most often, when a person does not have insurance, they probably do not have money or assets to go after. Again, this is why insurance is so important.
If you’ve been involved in a car wreck, and you the other driver has no insurance, then you are not necessarily out of options. An experienced car accident lawyer can help you find insurance policies to cover you. So please, don’t hesitate, call and speak to one of our experienced lawyers at Schenk Smith today. Our consultations are always free.