Can You Sue an Uninsured Driver?

• January 9, 2024
• Attorney David Mann
• Car Accidents

If you wonder, can you sue an uninsured driver, the answer is: It depends. It is possible to sue an uninsured driver, but depending on the circumstances, you may not always want or need to.  Georgia law O.C.G.A. § 40-6-10 requires everyone who owns and operates a motor vehicle to have bodily injury liability insurance and property liability insurance to cover the damage they cause in a crash. However, in a bad crash, the required minimum amounts will not be sufficient to pay for all of an injured person’s damages, including medical and rehabilitation bills, lost wages, and pain and suffering, and too many people drive without any insurance at all.

According to the Insurance Information Institute, 12 percent of licensed Georgia drivers are uninsured. Even worse, Georgia is affected by the millions of drivers coming back and forth from Florida, which ranks first in uninsured motorists.

If you have your own insurance policy, you may have uninsured motorist (UM) insurance for accidents caused by another driver who does not have any or enough insurance to cover damages. UM insurance is required by Georgia law unless you have declined the coverage in writing, but it is often insufficient and may not pay for all your costs.

To get UM benefits, you would have to file a claim with your UM insurance company. Since insurance companies are out for profit and try to pay out as little as possible, even your own UM company may be reluctant to cover your costs. In some situations, filing a lawsuit against the insurance company or the uninsured driver is your best option, but in others, such as when the driver who caused your accident has no assets, it may not pay to do so.

If you or a loved one has been injured or someone has died in a car accident that was the fault of another party, the car accident lawyers at the Mann Law Firm can help you decide what to do. We offer a free, confidential initial consultation to discuss what happened and explore your legal options.

David Mann is committed to helping you get justice and fair compensation, and there are no fees until we win a settlement for you. Call us today at (478) 742-3381.

To collect UM coverage or to win a case against an uninsured motorist, you and your attorney will need to prove that the driver was negligent and at fault for the crash. This means showing that the driver:

• Had a duty to use reasonable care not to cause harm
• Breached that duty by doing or failing to do something
• Caused the crash that, in turn, caused your injuries
• You suffered damages as a result

At Mann Law Firm, we will examine the facts of your case to determine who was at fault in your accident and handle all steps involved, from filing an uninsured motorist claim to taking it to trial. This involves:

• Investigating the accident scene and gathering evidence, such as photos and videos from surveillance cameras
• Interviewing witnesses and first responders
• Examining medical and police reports
• Consulting with experts and getting their testimony
• Filing all paperwork in a timely manner
• Dealing with insurance companies and negotiating for a fair settlement
• Finding out what assets are available from the uninsured drivers by running a credit and asset check
• Deciding whether it makes sense to file a lawsuit and, if so, taking it to court and arguing on your behalf.

While our team takes care of everything, you can focus on adapting and recovering from your car accident.

Call the team at Mann Law Firm today at (478) 742-3381 to get started.

When your attorney alleges negligence, they must also identify a specific action to accompany the allegation. In car accident cases, there are various types of negligent actions that commonly occur, including:

• Driving while distracted
• Driving while intoxicated
• Speeding
• Following too closely
• Failure to yield
• Failure to stop at traffic lights or signs
• Operating an unsafe vehicle
• Drowsy driving.

Your attorney must also prove that the negligent action was the cause of the accident and your losses — just because someone was driving unsafely doesn’t mean they caused your accident. For example, if a speeding driver hits a drowsy driver who was driving perfectly, and the drowsy driver hits you as a result, your claim would likely be against the speeding driver. Even though the drowsy driver was driving in an unsafe manner, their actions didn’t cause the accident.

If you have UM coverage on your insurance, the first thing to do is to file a claim with your own insurance company. Remember that even though it is your insurance company, it still wants to minimize what it pays for your injuries and will try tactics such as making a lowball offer, claiming that you were at least partially at fault in the accident, or that you didn’t file forms properly, or that you breached your contract for insurance by failing to provide your insurer with timely notice about the accident.

Our attorneys at Mann Law Firm will make sure that you follow the law and notify your UM insurance company of the accident as soon as possible after it happens, according to your policy requirements. This allows all parties the opportunity to investigate the case from the beginning while evidence and witnesses are available.

Based on the evidence and the extent and severity of your injuries and other damages, we will have a good idea what your case is worth and will negotiate for a fair settlement. If the insurance company still refuses to pay you the amount you are legally entitled to, we will consider filing a lawsuit against the company and the uninsured driver.

This is where determining what assets the driver has is important. Even if you win a judgment against the other driver, you can only collect if the driver has assets. To get your money, our lawyers will:

• File a lien against their home or other property
• File a wage execution to garnish their wages
• Apply for a bank levy, a legal action that allows taking funds from the person’s bank account until the judgment is paid.

Although this route isn’t ideal, it can still provide much-needed funds for your losses. Over time, you may eventually be able to recover much of what you’re entitled to. That said, your expectations should be tempered by the reality of uninsured motorists.

Uninsured motorists tend to have few assets and don’t often work in high-paying jobs. It’s rare to see an affluent or well-to-do individual without insurance but plenty of income and assets. Instead, we often see individuals with low resources and income choosing to forgo insurance in order to cover other pressing expenses. When an accident occurs, the victim (who always needs resources as quickly as possible) is often left shouldering unbearable financial loads.

It’s an unfortunate situation for everyone involved, especially the victims of the crash, and it’s a powerful reason to consider uninsured motorist coverage.

At Mann Law Firm, our car accident personal injury attorneys know how insurance companies operate and can help you navigate the system and determine whether the uninsured driver has the assets and ability to pay that would make a lawsuit worthwhile.

We help Georgians who have been injured in auto accidents get the compensation they deserve. If you have been injured, or a member of your family has been killed in a car wreck, contact an experienced car accident lawyer today at (478) 742-3381.

We offer a free, confidential initial consultation to discuss what happened in your accident and explore your legal options. We know that you’ve been through a lot and you need someone to stand up for you. David Mann and his team are here to help.