What Can I Do if the At-Fault Driver Is Uninsured in Georgia?

Georgia consistently ranks among the states with high rates of uninsured motorists. In recent studies, about 19% of Georgia drivers lacked automobile liability insurance. This means nearly 1 in 5 collisions may involve a driver who cannot cover damages.

Given this reality, relying solely on the at-fault party’s insurance is risky. That’s why Georgia’s insurance rules and your own policy become critical in protecting your rights after a crash.

Under Georgia law (O.C.G.A. § 33-7-11), all drivers must carry at least:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage

These minimums are often inadequate when serious injuries or long-term treatment are involved. Even when they do carry insurance, many drivers carry only the bare minimum, so their coverage may not be nearly enough to compensate you fully.

Not every accident involves a driver who completely lacks insurance; sometimes, they have coverage, but not nearly enough to pay for the harm they’ve caused. Georgia law distinguishes between uninsured and underinsured motorists, and understanding which applies to your situation is important to determining how you’ll be compensated. The difference can affect how your own policy responds, what damages you can recover, and whether additional legal action is needed.

• Uninsured Motorist (UM): The at-fault driver has no liability insurance at all.
• Underinsured Motorist (UIM): The at-fault driver has some insurance, but their policy limits are too low to cover all your losses.

In Georgia, uninsured motorist coverage is not mandatory, but if offered, insurers must notify you of the option. Georgia also allows stacked UM/UIM coverage, meaning you can combine coverage from multiple vehicles under your policy to increase protection. When you have UM/UIM coverage, your insurer may step in to cover your damages, effectively standing in the shoes of the at-fault driver.

Even if the other driver lacks insurance, you may still have legal pathways to seek compensation:

• Use your own UM/UIM coverage (if you have it) to recover for medical bills, lost wages, and pain and suffering.
• File a personal injury lawsuit directly against the at-fault driver. Filing a lawsuit will depend on whether they have assets you can collect from.
• Explore other responsible parties. For example, if the driver was on the job, their employer may be held vicariously liable for any injuries sustained.
• Utilize any other insurance you hold, such as health insurance or collision coverage for your vehicle, to help cover immediate costs.

Prompt actions can protect your legal rights and strengthen your case. After an accident, you may be injured and feel shaken up. It’s a good idea to review this list periodically so that if an accident does occur, you know what to do.

1. Check for injuries and call 911 if you or anyone else is hurt.
2. Call law enforcement and get a police report.
3. Exchange information with the other driver.
4. Document the scene with photos and video.
5. Get medical attention. Even if you think you are okay, get a head-to-toe medical assessment. Some injuries do not present symptoms for hours or days after an accident.
6. Notify your insurance company and ask about your UM/UIM coverage.
7. Contact a personal injury attorney experienced in Georgia car accident law.

Taking these steps not only protects your health and safety but also strengthens your ability to build a solid claim under Georgia law, giving your attorney the tools needed to fight for the compensation you deserve.

Georgia has a few legal quirks that matter in uninsured driver cases.

Georgia follows a modified comparative fault rule. This means you can still recover damages if you were partially at fault as long as your share of fault is less than 50%.

In Georgia, you generally have two years from the date of the injury to file a personal injury lawsuit. It’s best to file a claim sooner rather than later while the details of the accident and evidence are still fresh and available.

Uninsured driver claims often become legal battles, with insurers or with defendants who deny liability. A seasoned attorney can help by interpreting your auto policy and identifying how your UM/UIM benefits may apply. An attorney is a skilled resource who can handle negotiations with your insurance carrier or others and represent you in court if needed.

Finally, hiring an attorney helps protect your rights under Georgia law, including comparative fault and statute of limitations. At The Dixon Firm, we understand the challenges Georgians face on the roads. We combine legal expertise with compassion to fight for the full compensation you deserve.

Facing an accident with an uninsured driver can feel defeating, but Georgia law, your own insurance, and an experienced attorney can give you a path forward. With nearly one in five Georgia drivers uninsured, it’s vital to carry UM/UIM coverage and act swiftly after a crash.

If you’ve been injured in a car crash involving an uninsured driver, don’t wait. Reach out to The Dixon Firm today, and let us help you secure your rights, recover what you deserve, and move forward with confidence.