Car Accident with an Uninsured Driver in Gwinnett County

A car accident instantly becomes more difficult if the driver who caused it does not have liability insurance. Georgia being an at-fault car insurance state, your primary means of recovering damages is typically from the at-fault driver’s insurance. However, if you were in a car accident with an uninsured driver in Gwinnett County, then you may have to rely on your own insurance to get damages.

So where do you start? That is where we come in. David Brauns helps you explore all of the insurance options available to you following an accident with an uninsured motorist. You may look to your own car insurance policy in most cases, though other policies could help as well.

Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is insurance you take out to protect you from the at-fault driver either not having any insurance (uninsured) or not having enough (underinsured). It also protects you from hit and run drivers. It comes from your insurance company, not the at-fault driver’s.

It is cheap to purchase and yet most people either do not have it or do not have enough of it. Why? Because the insurance companies do not explain how important it is. The bottom line is that you should carry as much UM insurance as you can afford.

Of course, if you were already in an accident with an uninsured driver, this retrospective look at what you should carry does not help you. So check your policy to see what coverage you do have. 

You May Not Get All Your UM Coverage

Surprisingly, you may not be entitled to the full amount of your UM insurance. You will have either regular UM coverage or “add-on” coverage.

Georgia recently changed its Reduction Rule law, which stated that you only get the portion of your UM Insurance beyond the other driver’s liability insurance. For example, if you carry $100,000 in UM and the other driver has the minimum $25,000, then you only get $75,000 of the UM insurance you have been paying premiums on. Your UM insurance is reduced by the other driver’s policy amount, hence the name Reduction Rule. If your UM insurance was lower than the other driver’s, you were not able to use any of your own UM insurance because it is less than the other driver’s liability coverage.

However, you now have the option of having “add-on” UM coverage. This will add your UM insurance on top of the other driver’s insurance. Your total coverage will not be reduced and gets “added on” top of the other driver’s insurance, plain and simple.

But if the other driver has no insurance at all, you can use the full amount of your UM coverage, up to the amount of your damages. It is up to us to help prove the full extent of the damages you suffered in the accident so you get all the compensation you deserve.

Other Types of Insurance Coverage That Can Help

In addition to uninsured motorist coverage, your collision coverage can help pay for damages after an accident with an uninsured motorist. This is an optional coverage that pays for vehicle repairs regardless of fault. Medical payments coverage, meanwhile, pays for medical bills you suffer in an accident regardless of fault. So check your policy for these types of coverage as well.

Your health insurance could also help pay for your medical treatment. Work with David Brauns to explore every available coverage on your policy and discuss whether you should file a lawsuit against the at-fault driver, even if he is uninsured. Call us at 404-418-8244 to set up a consultation with us.