Car Accidents - January 22, 2025

What Should You Do If the Other Driver Was Uninsured in an Auto Accident?

Georgia law requires all drivers to carry insurance for liability, bodily injury, and property damage. The sad truth is, though, that over 12% of drivers are driving around uninsured, so accidents with an uninsured driver aren’t uncommon. If you’ve been in this sort of accident, there are some options open to you, and an auto accident lawyer in Atlanta can help you figure out what to do next.

What Should You Do If the Other Driver Was Uninsured in an Auto Accident?

Contact the Police

It’s important to contact the police after any accident, but it’s especially important if you find out that the other driver was not insured. You’re going to want to have everything on the record, and you will especially need to have proof of what happened. While the police report will not be the final word on exactly what happened (after all, the police are not actually there in most cases to see the accident), the police can give an experienced opinion based on the evidence they see when they arrive. This will be valuable for any claim you may bring. 

In addition, an uninsured driver is more likely than an insured driver to try to flee the scene of an accident. If you call the police quickly, they may be able to track down the driver before they get too far. And even if the driver stays and everything is very clear-cut, you will still want the police report as the official record with everyone’s names and all pertinent information.

Contact an Auto Accident Lawyer in Atlanta

Georgia has a “fault” system for car accidents, which means that whoever is responsible for the accident is also liable to pay for the damages and losses of everyone else. A lawyer will be able to help you figure out the best steps to get compensation. Initially, you will probably have to turn to your uninsured motorist coverage to pay the bills, but your lawyer may be able to uncover some other options for you. 

Unfortunately, many people don’t get insurance because they can’t afford it, and if they can’t afford insurance, then chances are they can’t afford to pay for your damages. But that’s not always the case: sometimes people just don’t get insurance because they don’t want to, they can’t be bothered, or they let the policy lapse through inattention. If that’s the case, your lawyer can advise you whether it’s worth bringing a lawsuit, which it may be if the liable party has other assets that could cover your losses. 

Georgia law protects defendants in personal injury lawsuits from losing certain basic things, like their primary home and vehicle, but the court may require them to sell extra property which they might own in order to pay for your losses.

Contact Your Own Insurance Company

You will want to contact your insurance company right away, and especially if you have UM coverage. Your UM coverage exists precisely to cover situations like this. If your insurance company is putting up a fight or dragging their heels, be sure to talk to your lawyer. It’s also wise not to answer a lot of questions from the insurance company without your lawyer’s help. When you initially contact your insurer, just give them the basic facts of the event and then talk with your lawyer if they have follow-up questions.

Save All Documents and Records

Whatever documents you may have after your accident, be sure to save all of them. This includes all records and bills from medical treatment; any correspondence that you might have with the police, the insurance company, or the other driver; repair receipts for a damaged vehicle; and any correspondence you have with your employer if you’ve had to miss time at work. You will need all of these things to show exactly what happened and how the accident has affected you.

Get Medical Help and Follow Through

Even if the other driver was not insured, you should not delay getting medical help after an accident. Your UM coverage and your own health insurance should cover you if you are not covered by the other driver, and it is unwise to put your health in jeopardy by not getting treatment. 

Bear in mind that some common injuries after a car accident, like internal bleeding or whiplash, sometimes don’t have symptoms that show themselves immediately. Once you do see a doctor, be sure to follow through on all you’re told to do. If your doctor tells you not to engage in an activity for a while, for example, be sure to follow their instructions. If you are able to bring a lawsuit, you will need to show that you did not make your own injuries worse in any way by neglecting your doctor’s advice.

Don’t Accept a Quick Settlement Offer

You would think that your own insurance company would be on your side after an accident, and they are: to a degree. But it’s always wise to bear in mind that insurance companies are businesses, and businesses exist to make money. Your insurance company is incentivized to minimize their payout as much as possible, and that means they may offer you a settlement that is well below what you actually need. 

Sometimes insurance companies make these settlements quickly, hoping that an injured person will not really know the full extent of their damages yet or will be so desperate for money that they will take whatever comes along. Any settlements that are offered need to cover all of your legitimate losses and damages up to the limit of your policy, so always talk to your attorney before you sign anything.

Don’t Discuss the Accident Except With Your Attorney

Your attorney will always act in your best interests and is bound by attorney/client privilege not to reveal anything that you tell them. It’s safe to discuss any aspect of the accident with your attorney, but when it comes to talking to other people, it’s wise to be circumspect. 

Don’t talk about the accident with friends and family or on social media. Anything that you say on social media, for example, could be used against you. You may want to tell your followers that you’re fine, not because you’re not really injured, but because you don’t want them to worry. This is a very natural thing to say, but if your insurance company is monitoring your social media accounts, they could use a statement that you are “fine” to argue that you aren’t hurt as badly as you say or that your losses are not as great as you claim.

Be Prepared for Negotiations

Understand that you may require some back-and-forth with your insurance company or the liable driver and their lawyer before you’ll be able to reach an acceptable compensation amount. Your attorney will be your best friend in this situation and will use all the evidence to explain precisely what has happened to you and what affect the accident has had on your life. These negotiations can take a bit of time, but it pays to be patient. 

If you’ve been in an accident caused by an uninsured driver, you do have options. Contact T. Madden & Associates, P.C. today for a free consultation in Atlanta or anywhere in the state.