Who pays damages when an at fault driver has no insurance in Milton Georgia?
All motor vehicle drivers, passengers and pedestrians should know what actions to take if they are involved in a car accident that results in injury and/or property damage. Automobile accident injuries usually result from the negligence off one driver, multiple drivers or external conditions that cause the driver to react in a manner causing an accident. Georgia law requires all drivers to carry insurance on their motor vehicles, but payment of damages can be complicated for those times when a driver does not carry insurance.
Uninsured motorist insurance.
When someone is injured in an accident caused by an uninsured driver, it will be important to know if the victim has uninsured motorist coverage under their own insurance policy. Uninsured motorist insurance covers a driver against the wrongdoing of others and is utilized when the other driver has no insurance, or when the at-fault insurance is too low. When an accident is caused by equal fault of drivers and one driver has coverage, but the other does not, the uninsured motorist policy will apply to the uninsured driver from dollar one, without any offset. It also applies to the negligence of the insured driver, subject to whatever set off there is.
Notify insurance carrier.
A driver must notify the Georgia Uninsured Motorist Insurance Company as soon as is possible after the crash to avoid accidently voiding coverage for non-compliance to the policy. When it is clear that the other driver in the accident did not have insurance, an individual may want to review their policy with a company representative to make certain there is an uninsured motorist rider on the policy. This usually covers any injuries or property damage that occurred during the crash. Afterward, your insurance company may sue the other driver for the amount it paid out to you.
Take legal action.
If an individual does not have uninsured motorist coverage, then they will probably need to take legal action against the other driver, but keep in mind that the percentage of fault assigned to each driver will affect the lawsuit. Georgia is a Comparative Fault State which enables plaintiffs to seek damages even if they played some part in the accident and are partially to blame.
Damages.
An accident attorney can help with compensatory damages to address economic losses from lost wages, medical bills, and property damage; as well as non-economic losses including pain and suffering. Punitive damages may result from situations where there was gross negligence involved, causing the accident.
Hire an attorney.
If you are involved in a car accident in Milton Georgia, contact the professional experienced team at the Imbriale Injury Law Office who will guide you through the insurance settlement and litigation process.
Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 212-1395
Fax Number: 678 445 7431
Sources:
https://georgia.gov/popular-topic/insurance
https://law.justia.com/codes/georgia/2010/title-9/chapter-3/e/9-3-33
