The good news is that you may still have several options for pursuing compensation. You can also take steps right now to ensure you’ll be protected if an uninsured motorist injures you, regardless of how the accident happens. In this article, we’ll take about what to do after an uninsured motorist crash and how an Atlanta car accident attorney can help you navigate this difficult situation.
Attorney Ali Awad has been fighting for victims of car accidents and other personal injury situations for years, and he founded the CEO Lawyer Personal Injury Law Firm. In just a few short years, it rapidly became the fastest-growing law firm in the country, coming out ahead of 499 others. When he’s not negotiating a better deal for his clients, Mr. Awad shares engaging legal know-how with more than a million followers on social media. For a free consultation about your car accident, please contact the CEO Lawyer Personal Injury Law Firm today.
In the meantime, here’s what you need to know about what happens if you are hit by an uninsured driver:
Your Own Car Insurance Will Cover Uninsured Motorist Accidents Even If You Weren’t Driving or In Your Car
This is a pleasant surprise to many people who have been hurt by an uninsured motorist while walking or riding their bike. Your uninsured/underinsured motorist coverage (UM/UI) will still pay if you were a pedestrian, a bike rider, or even using public transit. UM/UI coverage starts with a minimum of $25,000 in bodily injury liability, and the same amount in property damage.
UM/UI coverage is not required in Georgia, but insurance companies are required to offer it to you. If you remember rejecting this coverage in writing or aren’t sure whether you did or not, we recommend checking with your insurance agent. About 12 percent of Georgia drivers are uninsured, meaning that if you are involved in any kind of accident with a motor vehicle driver, there’s about a 1 in 8 chance they won’t be insured. Don’t roll the dice on having insurance coverage if you’re hurt in an accident – add UM/UI coverage today if you don’t already have it.
You May Still Have Gaps in Coverage
Although your UM/UI coverage will apply in this situation, depending on your injuries and your policy limit, it may not cover everything. If you have the minimum amount of coverage, your property damage will likely be covered. Most people who are not driving their car won’t have $25,000 in property damage. They may have a wrecked bike or a damaged laptop or smartphone, but these items typically cost less than $25,000 to repair or replace.
Your medical bills may be another story. If you were seriously hurt, medical bills could pile up quickly. Even with good health insurance, deductibles and copays can cost thousands when you have multiple injuries. Unfortunately, this situation is common with pedestrian and bicycle accidents. There is little protection when you get hit by a car, and many people suffer serious injuries, including broken bones, head trauma, internal injuries or bleeding, back and spinal cord injuries, and more. If your medical bills outpace your UM/UI coverage, your attorney will work to find other solutions to help you cover the balance.
Other Options Besides UM/UI Coverage
Aside from having more medical bills than UM/UI coverage, there are other reasons this type of insurance isn’t an option for everyone hit by an uninsured driver. Some people who bike or walk everywhere don’t own a car, and therefore have no car insurance. Others may have opted out of UM/UI due to cost. Are you completely out of luck if you can’t rely on UM/UI insurance?
Not necessarily, but it may be much more difficult to collect damages. You do have the ability to pursue a lawsuit against the driver who hit you, and if the evidence clearly shows they were at fault, you may win your case. However, if the driver has few financial resources, you may never recover all or even most of the damages you’re owed. Your lawyer will look into the situation and discuss options with you. If it’s clear that the other driver will likely never be able to pay a potentially large judgment, we usually don’t recommend proceeding with a lawsuit. The time, money, and stress you will have to devote to the case are not insignificant, and many clients realize that it’s not in their best interest to go through a trial if they won’t get anything out of it.
If that avenue doesn’t appear promising, your attorney will check to see if there are any other liable parties. Occasionally you may have a case against a third party whose negligence contributed to the crash. For example, if the car hit you not because of some error on the driver’s part but because a faulty brake component failed, you might have a case against the brake manufacturer. Or, if the driver who hit you was intoxicated, under certain circumstances you may be able to sue a restaurant or bar that either overserved them or furnished alcohol to someone under the age of 21.
What to Do if a Car Hits You While Walking or Riding a Bike
This is undoubtedly a scary experience, and it’s understandable if you don’t know what to do first. Try to remember the following steps to take as soon as you’re able to think somewhat clearly:
- Quickly move out of the road to avoid further accidents, if you can do so.
- Are you injured? Look yourself over and see if anything hurts.
- Call 911 to report the accident and request medical assistance if needed.
- It’s a good idea to let the paramedics check you out even if you think you’re fine. Sometimes the adrenaline rush can dull pain or other symptoms at first, and you might not realize you have a potentially serious injury.
- Exchange contact info with the driver, and in particular, ask for their name, number, email address, and insurance information.
- If they get defensive or refuse to give you an insurance card, let it go. When the police arrive, inform them that the driver wouldn’t provide insurance info and let them deal with it.
- If the driver takes off instead of fulfilling their legal obligation to remain at the scene, do your best to get their license number, or at least a description of the car and/or driver.
- Ask for the names of any witnesses you see around the scene.
- Get medical attention for any injuries as soon as possible. If you start feeling pain or other symptoms within the next few days, see your doctor and explain that you were recently in a biking accident.
- Speak with an attorney as soon as possible to protect your legal rights.
Get the CEO Lawyer On Your Side
When you or a loved one have been injured by a motorist, uninsured or not, having an experienced car accident attorney on your side will help you get the best settlement possible. Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation about your case. Our injury and accident attorneys are ready to take your call at (470) 323-8779.
