Hit by an Uninsured Driver? Your Own Coverage May Help

Being hit by a driver without liability insurance raises practical questions about your own coverage. If a driver with no liability insurance hit you, your own auto policy may include uninsured motorist (UM) coverage. That coverage may pay for bodily injury, but what applies depends on your policy’s wording and the facts of your crash. This guide explains how the claim works, which deadlines matter, and what to expect.

What uninsured motorist coverage is and who it may cover

Under O.C.G.A. § 33-7-11(a)(1), Georgia auto liability policies are required to contain uninsured motorist provisions, subject to the exceptions and conditions stated in the text of O.C.G.A. § 33-7-11 itself. O.C.G.A. § 33-7-11(b)(1)(B) defines who counts as an insured for uninsured motorist purposes, and your policy’s wording may also address who is covered.. Who counts as an insured for uninsured motorist purposes is defined in O.C.G.A. § 33-7-11(b)(1)(B), so occupants of your vehicle and others the policy covers may fall within that definition, depending on the facts of your case. Check the declarations page and the policy wording to see what applies to you.

Several factors may influence the claim. These include the at-fault driver’s identity, who was at fault, and whether that driver had any insurance.

What coverage may include after a serious crash

That can include medical treatment, hospital care, fractures, traumatic brain injury, and spinal cord injury. Georgia’s statute at O.C.G.A. § 51-12-1.1(b) provides that special damages for medical and healthcare expenses “shall be limited to the reasonable value of medically necessary care, treatment, or services.”

If you have health insurance, § 51-12-1.1(c) may be relevant to how your medical expenses are presented, and attorney Adanna Ugwonali can review with you how it may apply to the facts of your case.

Who may recover in a wrongful death action is addressed in O.C.G.A. § 51-4-2(a), read together with O.C.G.A. §§ 51-4-4 and 51-4-5. Whether a UM policy applies to that claim depends on its terms.

Fault may also influence the amount recovered. O.C.G.A. § 51-12-33(a) provides that the judge “shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.” § 51-12-33(g) provides that the plaintiff “shall not be entitled to receive any damages” if “the plaintiff is 50 percent or more responsible for the injury or damages claimed.”

Medical records, bills, and policy limits may also influence how a claim is evaluated. They describe the facts. They do not decide the claim by themselves.

Filing deadlines and notice under your policy

Georgia’s general limitation period for injury claims is two years, as set out in O.C.G.A. § 9-3-33. The statute says “actions for injuries to the person shall be brought within two years after the right of action accrues.” For a traumatic injury from a crash, that period generally runs from the date of injury. Deadlines for a wrongful death claim are not covered in this summary.

Your policy may also set its own notice terms for reporting the crash and the uninsured driver. Read the wording soon after the crash so you know what it requires.

How the claim process works, step by step

The claim follows a sequence of steps. Each step’s length depends on the facts of your claim and how the insurer responds.

1. Get medical care. Keep every record, bill, and treatment plan.
2. The Georgia Department of Driver Services publishes crash guidance on crash-related topics.
3. Get the crash report. Police crash reports may be obtained through BuyCrash or GDOT, according to GDOT crash reporting. The Georgia Uniform Motor Vehicle Accident Report is the state’s official crash report form.
4. Report to your own insurer. Give notice as your policy requires, and keep copies of everything you send.
5. Review insurer requests first. Before you give a recorded statement, ask Attorney Ugwonali to review the request.
6. Demand, negotiation, and suit if needed.

Why clients work with Ugwonali Law Group

Attorney Adanna Ugwonali personally does the work on each matter at Ugwonali Law Group. Support staff help with intake, records, and scheduling.

The office is at 3400 Peachtree Road NE, Atlanta, Georgia. The firm represents injured people in Atlanta, Fulton County, Clayton County, Cobb County, Rockdale County, and across Georgia.

Practice areas include truck accidents, car accidents, wrongful death, traumatic brain injury, spinal cord injury, catastrophic injury, premises liability, and slip and fall. Intake is available in English or Spanish.

The first consultation is free, confidential, and without obligation to continue. You can chat with our intake team to ask questions about your situation.

Frequently asked questions

Talk with our team about your crash

If you’re reading this after a crash you didn’t choose, you may be dealing with bills, treatment, and insurer calls all at once. Readers who are looking into this for a parent, spouse, or child may find the information below useful.

Our team can review your situation at no cost. Request a free case evaluation and Abogada Ugwonali will look at the facts with you.

Attorney advertising. This page is for general information only and is not legal advice. Results depend on the facts of each case. Responsible attorney: Adanna Ugwonali, Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia.