If you’ve been hit by an uninsured driver, you’re probably wondering “How much can I get from an uninsured motorist claim?” This is a common question for many Georgia drivers who are dealing with the stress and confusion of an accident. Knowing your rights and what you’re entitled to can help with medical bills, lost wages, and other damages. Having an experienced Georgia car accident attorney can make all the difference.
In this post, we’ll discuss what factors affect the amount you can get from an uninsured motorist claim in Georgia and how a knowledgeable attorney can help in these situations.
Underinsured Motorist Coverage
Underinsured motorist coverage (UIM) is part of your auto policy. It kicks in when you’re hit by a driver whose liability insurance isn’t enough to cover your damages. This type of coverage fills the gap between what the at-fault driver can pay and what you need for your recovery.
Why and Why It Matters
The purpose of underinsured motorist coverage is to protect you from financial loss. If the at-fault driver doesn’t have enough liability insurance to cover your medical bills or property damage, UIM coverage kicks in. This is important when injuries are serious or when medical bills are high. Having this coverage gives you peace of mind knowing you have a safety net if you’re hit by an underinsured driver.
Protection from Financial Losses
When you’re hit by an underinsured driver the financial consequences can be staggering. Medical bills, lost wages and other expenses add up fast. UIM coverage protects you from these financial burdens by covering the difference between the at-fault driver’s liability limits and your actual costs. So you don’t have to bear the financial burden alone, you can focus on getting better instead of worrying about how to pay your medical bills.
How Underinsured Motorist Coverage Works
When you’re in an underinsured motorist claim situation you need to know the process. This will help you navigate it.
Exhaust the At-Fault Driver’s Liability Coverage
The first step is to exhaust the liability insurance coverage of the at-fault driver. This means you must file a claim with their insurance company. If their coverage isn’t enough to cover your damages you can then turn to your underinsured motorist coverage. This is important because your policy may have more coverage to cover the gap.
File a Claim with Your Insurance Company
Once you’ve exhausted the at-fault driver’s liability coverage it’s time to file a claim with your own insurance company. You’ll need to provide them with documentation, the details of the accident, medical records, and any communication with the at-fault driver’s insurance company. This will help your insurance company process your claim and determine how much you can get.
When to Notify Your Insurer
Notify your insurance company quickly after a car accident with an underinsured motorist. Failing to do so can complicate your claim. Most policies require you to report an accident within a certain time frame. This can vary depending on your policy so review it carefully.
Required Documents
When you notify your insurer be prepared to provide:
- Accident Report: A police report of the incident is usually required.
- Statements from the At-Fault Driver’s Insurer: Any communication or settlement offers from the other driver’s insurance company.
- Medical Records: Documentation of your injuries and medical bills to support your claim.
Get this information quickly and be organized. This will help your insurance company process your claim. Keep copies of anything you send or receive.
Communication
Stay in touch with your insurer throughout the process. If you have questions or concerns contact your agent. Being proactive will prevent misunderstandings and delays. Remember the sooner you notify your insurer the better prepared you’ll be for your underinsured motorist claim.
Eligible Expenses
When you file an underinsured motorist claim several expenses may be covered. Here are some of them.
Medical Bills and Medical Expenses
One of the main expenses covered is medical bills. This includes hospital stays, surgeries, and ongoing treatment for injuries from the accident. Medical bills can add up fast so keep all receipts and documentation.
Lost Wages and Income
If you can’t work due to your injuries you may be entitled to compensation for lost wages. This can be current and future income loss. Document your time off work and any changes to your earning capacity.
Pain and Suffering
Pain and suffering is another area for potential compensation. This is the physical and emotional distress from your injuries. While it’s harder to quantify it’s an important part of your claim.
Factors That Affect Compensation
When you file an underinsured motorist claim several factors will affect the amount of compensation you may get. Knowing these will help you prepare for the process.
Comparative Negligence Laws
In Georgia, comparative negligence laws apply. If you’re found partially at fault for the accident your compensation will be reduced by your percentage of fault. For example, if you’re 20% at fault your recovery will be reduced by that amount. So it’s important to present a strong case showing the other driver’s fault.
At-Fault Driver’s Liability Coverage Limits
Another factor is the at-fault driver’s liability coverage limits. If the responsible driver has minimal insurance it will impact your claim. You’ll have to exhaust their liability coverage before using your underinsured motorist policy. Knowing the limits of the at-fault driver’s insurance will help you know how much compensation you can get initially.
Compare to Your Underinsured Motorist Coverage
Your underinsured motorist coverage is also important. If the at-fault driver’s coverage is less than what you have you can claim the difference. But if your coverage limits are low your compensation will be limited too. Review your policy and consider increasing your coverage for future protection.
Knowing these will help you navigate the claims process better. Always consult with an experienced personal injury attorney to make sure you know your rights and options.
Georgia Specifics
Georgia has specific laws regarding underinsured motorist (UIM) coverage that all drivers should be aware of. In Georgia UIM coverage is not mandatory but insurance companies are required to offer it as an add-on to auto insurance policies. This type of coverage is to protect drivers from financial loss when they’re involved in an accident with a driver who has no insurance or insufficient insurance to cover the damages.
Uninsured Motorist Coverage Requirements
In Georgia, drivers must have minimum uninsured motorist (UM) coverage. Although this is separate from UIM coverage it’s important to know the bigger picture. Georgia requires minimum coverage of $25,000 per person $50,000 per accident for bodily injury and $25,000 for property damage. These minimums will give drivers some protection against uninsured or underinsured motorists.
Contact an Experienced Georgia Car Accident Lawyer Today!
Pursuing an underinsured motorist claim can be complex. Factors such as comparative negligence and the limits of coverage from both the at-fault driver and your policy play significant roles in determining the compensation you may receive. Additionally, each state has its regulations that can affect your claim process.
Don’t go through the process alone! Contact us at 678-635-9939 for a free consultation ASAP!
