Getting compensation from the at-fault driver after a car accident is not a simple and straightforward process under the best circumstances. However, it can be infinitely more complex if you were hit by an uninsured driver. For this reason, many accident victims have no hope of recovering any damages.
In reality, there may be a chance, if you take the right steps. And the biggest one is bringing your case to a Union City car accident lawyer who fights for every client. Gilbert Sperling, III, P.C. believes that every injured person deserves justice. Also, irresponsible drivers who cause injuries and economic damages should be held liable.
In many cases, this is possible. Being hit by an uninsured driver does not mean that you have no legal recourse. Although filing an insurance claim against the other driver’s policy is the first thing you think of, it is not the only way.
All Drivers in Georgia Must Carry Liability Insurance
Georgia is an at-fault state. This means that when a personal injury event happens, the party that caused it by negligence is liable to pay for the injured party’s damages. For this reason, carrying liability insurance is mandatory for all drivers in Georgia.
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident.
And any Union City car accident lawyer knows these amounts are not always sufficient to cover all the damages in a catastrophic accident. Thus, even if you are not hit by an uninsured driver, you may still face difficulties in obtaining the full compensation you deserve from an underinsured driver.
It’s usually advisable to file a claim with your uninsured/underinsured motorist coverage if you have it.
Is It Worth Filing a Lawsuit If You Were Hit by an Uninsured Driver?
The second option an injured person has after filing an insurance claim is to file a personal injury lawsuit. However, this decision must come after a careful analysis of the uninsured driver’s financial situation.
The fact is that penalties for driving uninsured in Georgia are high: fines, suspension of license, and jail time. No one would willingly risk these penalties if they can avoid them by paying less than a hundred dollars per month, correct? The fact is that some drivers do not afford this expense.
The chances of collecting thousands of dollars from an uninsured driver are low, even if you win your case. However, there are situations when an experienced Union City car accident lawyer can help you recover compensation in a lawsuit.
1. The Driver Allowed Their Insurance to Lapse
The lapse period for car insurance starts on the first day after:
- The deadline to pay the premium expires
- The validity of the policy expires
- The insurance company cancels the policy.
There is no grace period for a driver in any of the above situations. For this reason, many people are uninsured drivers because they forgot to pay their premiums or renew their policies. This does not mean that they do not afford it.
If you were hit by an uninsured driver under this circumstance, chances are that your Union City car accident lawyer will recommend you sue them. This recommendation will come after the lawyer assesses the fact that you stand a chance to collect on the personal injury court judgment.
2. The Driver Was Traveling for Job-Related Purposes
If you were hit by an uninsured driver on the job, then your lawyer will immediately recommend you file a claim against the driver’s employer. There is a legal principle called respondeat superior that gives you this right.
The principle says that an employer is responsible for the actions of the employees under their control. Thus, if the driver was engaged in a journey as part of their usual job duties or at their employer’s express request, then the employer is liable to pay your damages.
However, you will need an experienced Union City car accident lawyer to win your compensation. Companies that employ commercial drivers – such as delivery companies, trucking companies, and courier services – will often say that they work with independent contractors, not employees.
3. A Third Party May Be Liable for the Accident
It’s possible that a third party could be liable. From your perspective, you saw the other car rushing towards you and hitting you. But, although you were hit by an uninsured driver, this is not the full picture of the event.
The driver may have swerved and hit your car because:
- The brakes, tires, or another part of their car malfunctioned.
- They tried to avoid a large pothole.
- Another driver made an unsafe lane change and they tried to avoid hitting them.
In each of these cases, a third party is more at fault for the accident than the uninsured driver who hit you. With the assistance of a dedicated Union City car accident lawyer, you will be able to file an insurance claim or lawsuit successfully against this third party and recover your eligible damages.
Protect Your Chances of Winning Compensation
Being hit by an uninsured driver does not change anything in the recommended actions to take after the crash. You need to take the following steps.
- Report the accident to the police.
- Exchange information with the other driver.
- Document the accident scene by taking photos and videos with your phone.
- Seek medical care as soon as possible after the accident.
It is very important to stay calm and not engage in an altercation with the uninsured driver. This will only complicate the case and give the driver the right to sue you for assault and battery.
Let a Dedicated Union City Car Accident Lawyer Help with Your Case!
For Gilbert Sperling, III, P.C., no case is too difficult to tackle. All injured people deserve their best chance at recovering damages from the negligent person. If you were hit by an uninsured driver, things are, indeed, complex. But lack of insurance is not the end of your case – not for an experienced Union City car accident lawyer.
Do not wait, wondering what to do. Schedule a free case review with us and let us decide on the best course of action!