Uninsured/Underinsured Motorist Accidents
Accidents are never easy to deal with, but they can be especially difficult to handle when one driver is uninsured or underinsured. If you have ben hurt because another driver was careless, you can usually claim compensation from the at-fault driver’s insurance company. However, when the at-fault driver does not have insurance or has insufficient insurance, you may need to claim compensation from your own insurance company. At Miller Legal Services, our car accident attorneys have extensive experience assisting residents of Marietta and the surrounding communities who are pursuing the compensation that they need.Seeking Compensation after an Accident Involving an Uninsured or Underinsured Driver
In Georgia, if you are hurt in a car accident due to another driver’s carelessness, you can seek compensation for your harm. The main way to pursue damages is by establishing negligence. This is the failure to take reasonable care in one’s actions, which results in foreseeable harm to someone else. Reasonable care is defined as how a prudent or sensible person would act in the same or similar circumstances. Establishing negligence requires a plaintiff to demonstrate that the defendant owed the victim a duty of care, the defendant breached this obligation by failing to meet the appropriate standard, the defendant’s breach was the direct cause of the accident, and the plaintiff incurred damages as a consequence.
If you establish liability through a negligence claim, the at-fault driver’s insurance company will typically compensate you for medical bills, lost income, property damage, and more. However, if the negligent driver does not carry insurance or has inadequate insurance, you may have to turn to your own uninsured motorist coverage or underinsured motorist coverage.
Uninsured motorist coverage is not required in Georgia, but it is common for drivers to add this type of coverage to their policies. In this state, if you have uninsured motorist coverage, you can make a claim against your insurance company if you were hurt in an automobile wreck caused by an uninsured driver. This coverage will typically compensate a victim for medical expenses, lost income, pain and suffering, disfigurement, and loss of future earning capacity. In most cases, uninsured motorist coverage will not cover property damage or punitive damages.
Underinsured motorist coverage protects you when the at-fault driver has insufficient insurance to fully compensate you for your harm. In general, this type of insurance will compensate you for any remaining costs after the at-fault driver’s policy limit has been met. For example, if you sustained harm worth $80,000 in a car wreck, and the at-fault driver’s insurance policy only covers up to $50,000, you could try to seek the remaining $30,000 from your own insurance company through your underinsured motorist coverage policy.Explore Your Options with a Marietta Attorney When Pursuing an Injury Claim
There are a number of ways that the injury lawyers at Miller Legal Services can help people in the Marietta area who have been hurt by an uninsured or an underinsured motorist. We are committed to asserting the rights of our clients to the compensation they deserve for their harm. Our team can explore the facts of your case and develop a legal strategy accordingly. We also represent clients from Roswell, Smyrna, and other cities in Georgia. For more information, do not hesitate to call us at 770-284-3727 or contact us online.