How much you can get from an underinsured motorist claim depends on how much coverage you choose when selecting your policy. As an at-fault state, Georgia does not require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. However, purchasing this optional add-on can help, given the prevalence of underinsured drivers on the road.
A Marietta car accident lawyer can help you tap into your own UM/UIM policy limits when at-fault drivers lack sufficient liability coverage. An attorney can also help you file a personal injury lawsuit if your injuries and losses exceed your UM/UIM coverage limits.
how Much Compensation Does Underinsured Motorist Coverage Offer?
The minimum UM/UIM coverage in Georgia starts at $25,000 for bodily injury per person, $50,000 per accident for bodily injury, and $25,000 for property damage. While useful, these low limits are often inadequate for covering more severe collision injuries and losses. A Marietta personal injury lawyer can review your UM/UIM policy to determine your coverage limits.
You have the option to purchase more UM/UIM coverage, but O.C.G.A. §33-7-11(a)(1)(A) requires Georgia’s auto insurance providers to offer this minimum, which is the minimum liability coverage the state requires all drivers to carry.
Keep in mind that the more UM/UIM coverage you purchase, the higher your premium will be. Additionally, you cannot retroactively apply uninsured motorist coverage if you purchase it after an accident with a driver who lacks insurance. This is why we highly recommend purchasing this optional coverage from the start or as soon as possible.
you Still Have To Prove The Other Driver Negligent For An Underinsured Motorist Claim
While you purchased UM/UIM coverage as protection against irresponsible drivers, it’s important to understand you still must prove the other motorist was at fault and liable before triggering your own policy’s underinsured benefits.
filing An Underinsured Motorist Claim Can Be Challenging
Insurance companies may look for any opportunity to deny or devalue underinsured motorist claims to preserve profits. Even though the UM coverage is coverage you purchased under your policy, your insurance company will still fight to pay as little as possible. They place a high burden on claimants to establish:
- The other driver was primarily negligent and liable
- The full extent of damages sustained
Only by presenting indisputable evidence on all these elements can you compel your insurance company to pay your full amount of damages and what you deserve.
how A Car Accident Attorney Can Help With An Underinsured Motorist Claim
A Marietta car accident lawyer can investigate your crash and establish third-party negligence by:
- Securing police reports, witness statements, and scene photos/footage
- Analyzing vehicle data, mobile device records, driving histories
- Consulting accident reconstruction specialists and other experts
- Reviewing calculations of speed, force, time/distance studies
- Identifying roadway defects or contributors like improper signage
An attorney can meticulously piece together precisely how the collision occurred and which parties failed to uphold the required duties of reasonable care. If multiple parties are involved in your accident, insurers may go back and forth, denying liability. With legal representation, you can bolster your underinsured motorist claim.
when Underinsured Motorist Coverage Limits Fall Short
While underinsured motorist (UIM) protection aims to fill gaps left by negligent drivers without adequate insurance, even these expanded policy limits can prove insufficient compensation for catastrophic injury expenses and losses.
limited Um/uim Policy Constraints
Georgia has minimum requirements of $25,000 per person/$50,000 per accident in bodily injury liability. UM/UIM limits cannot be greater than the liability coverage on a policy. Having the Georgia minimum limits are simply inadequate for crashes involving:
- Permanent, lifelong disabilities, or disfigurement
- Lengthy hospital stays and multiple surgeries
- Significant future treatment, rehabilitation, and care needs
- Lost wages if unable to return to the same job
Even if you elected higher UM/UIM caps of $100,000 or more, these limits may not fully cover all economic losses like medical bills and lost income in severe cases.
an Underinsured Motorist Claim Also Covers Non-economic Damages
UM/UIM policies also cover non-economic damages. They will pay for non-economic losses like:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment/quality of life
Under Georgia law, UM coverage does not pay for damages covered by the at-fault party’s punitive conduct. An experienced auto accident attorney can help navigate this exclusion under Georgia law.
filing A Personal Injury Lawsuit After Getting Hit By An Underinsured Motorist
When UM/UIM coverage maximums are insufficient, personal injury lawyers can advise clients on pursuing a civil lawsuit against the at-fault driver to potentially recover additional compensation and damages. This is challenging to accomplish and depends on the assets of the at-fault driver.
Through litigation, lawyers can work to compel settlements or judgments exceeding insurance policy payout limits to fully account for:
- Continued medical/disability care and accommodations
- Future loss of earnings and diminished earning capacity
- Permanent disabilities, scarring and disfigurement
- Overall pain, suffering, and diminished quality of life
An attorney can call upon expert witnesses and use damage calculation methods to accurately convey the total long-term economic impacts and non-economic losses stemming from life-altering injuries and trauma.
don’t Delay When Filing A Personal Injury Lawsuit
While dealing with the trauma and recovery after a serious auto accident, it’s crucial not to lose sight of Georgia’s statute of limitations deadlines for legal action. O.C.G.A. § 9-3-33 limits your ability to file a personal injury lawsuit to two years from the date of injury.
This unforgiving time constraint makes promptly connecting with an experienced Marietta car accident lawyer imperative. An attorney can initiate the litigation process immediately, ensuring compliance while the clock is still on your side.
Failing to beat the two-year statute could permanently bar any opportunity to recover compensation through the courts, no matter how strong of a case you have.
our Legal Team Can Determine How Much You Can Get From An Underinsured Motorist Claim
If you are unsure what to do when hit by an uninsured driver, call Jones & Swanson. Our Marietta car accident attorneys can assess your damages and review your insurance policy to help you file a claim. If we need to take legal action to secure fair compensation, we will not hesitate.
Our attorneys have over 50 years of combined experience helping accident victims like you. Call us today for a free initial consultation. We will take your case on contingency so you pay no upfront fees, and only pay for our services if we make a recovery for you.
