You’re driving through the intersection of Memorial Drive and North Highland Avenue in Atlanta when another driver runs the red light and crashes into your car. The side impact collision leaves you with a broken arm and a traumatic brain injury. But as you get ready to file a claim, you learn that the at-fault driver only carries the minimum insurance coverage.
In this situation, no one could blame you for worrying about how you’ll recoup the cost of your medical bills, lost wages, and property damage. Auto liability insurance determines how much compensation may be available from the driver responsible for the collision, but in Georgia, the minimum policy limits are relatively low compared to the expenses that can follow a serious accident.
That said, available insurance doesn’t automatically cap what claims you can pursue. In this section, we’ll review how auto insurance coverage works in Georgia and what avenues of compensation may be available after a crash involving an underinsured driver.
Georgia Minimum Auto Insurance Requirements
Drivers in Georgia must carry liability insurance before operating a vehicle on public roads. This insurance pays for injuries or property damage when the policyholder causes a traffic accident. The minimum limits, which are set by state law, apply to every standard auto policy issued in Georgia. They are:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
To understand how these limits work, imagine an auto accident that injures two people. One person incurs $40,000 in medical bills. The other incurs $20,000. Even though the combined injuries total $60,000, the policy can pay only $50,000 for bodily injury under the per-accident limit. The insurance company may divide that amount between the injured parties, leaving a portion of their damages unpaid.
Property damage limits can also run out quickly. Many vehicles on Georgia roads have values that exceed $25,000. If an auto accident totals a newer car, the repair or replacement cost may surpass the available coverage. A car accident that leads to surgery, extended hospital care, or rehabilitation can produce medical expenses well beyond $25,000 for a single injured person. So what options remain when the at-fault driver’s insurance cannot pay the full value of a claim?
Filing a Claim Against the At-Fault Driver’s Insurance Policy
After a car crash in Georgia, the first source of compensation is usually the at-fault driver’s liability insurance. Georgia follows a fault-based system for motor vehicle accidents. This means that the person who caused the crash, along with their insurance company, is financially responsible for the resulting damages.
A claim typically begins when you notify the at-fault driver’s insurance company about the collision. The insurance company then opens an investigation and reviews available evidence. This may include the police report, photographs of the scene, vehicle damage, witness statements, and medical records. The adjuster evaluates this information to determine fault and assess the losses tied to the crash.
In Georgia, you can request compensation for several types of losses. Common examples include medical treatment, lost wages, vehicle repair costs, personal property replacement, and other expenses connected to the collision. Documentation such as medical records, treatment bills, repair shop estimates, and proof of missed work can all serve as evidence in your insurance claim.
During the investigation, the insurance adjuster may contact you to request additional information. They may ask for statements about the collision or request access to medical records and billing documents. This information allows the insurance company to evaluate the claim within the limits of the policy.
The policy limit of the at-fault driver is a key issue. If they carry only Georgia’s minimum liability coverage, the insurance company can’t pay more than $25,000 to one injured person for bodily injury. When several people suffer injuries in the same crash, the policy can pay no more than $50,000 in total for all bodily injury claims combined. But as we noted earlier, when damages exceed the at-fault driver’s insurance policy, additional sources of compensation may still exist.
Using Uninsured and Underinsured Motorist Coverage in Georgia
When the driver responsible for a crash carries only minimum liability insurance, uninsured and underinsured motorist protection may provide another source of compensation. Many auto insurance policies issued in Georgia include this protection to help policyholders recover damages when the negligent driver lacks sufficient insurance.
Uninsured motorist protection applies in two common situations. The first involves a driver who has no insurance at all. The second involves a driver whose liability limits are too low to pay the full value of your losses. In that situation, the protection operates as underinsured motorist coverage.
Georgia law requires insurance companies to offer UM coverage when issuing an auto policy. A driver may reject this protection in writing, yet many policyholders keep it as part of their insurance plan. Drivers may also purchase higher limits to increase the amount available after a serious crash.
What Are the Different Types of Uninsured Motorist Protection?
Georgia recognizes two types of uninsured motorist protection:
- The first type is add-on uninsured motorist coverage. It allows an injured person to seek compensation through their own policy in addition to the payment made by the other driver’s insurance company. The available amounts are combined rather than reduced. For example, if the negligent driver has $25,000 in bodily injury liability coverage and you have $50,000 in add-on uninsured motorist protection, you may seek compensation of up to $75,000 in total.
- The second type is reduced-by uninsured motorist coverage. In this situation, the uninsured motorist limit is reduced by the amount paid by the negligent driver’s insurance company. For example, if the at-fault driver has $25,000 in liability coverage and you have $50,000 in reduced-by uninsured motorist protection, the payment from the driver’s insurer would reduce the available uninsured motorist protection to $25,000. Adding the $25,000 of the other driver’s liability insurance to your now-reduced $25,000 in UM protection would set the total compensation available at $50,000.
Both forms of protection can step in when the responsible driver carries minimal insurance. Without uninsured motorist protection, you may have access only to their limited liability policy, which is usually a lot less than you need after a serious accident.
Filing a Lawsuit Against the At-Fault Driver
When the insurance carried by the at-fault driver doesn’t cover the full value of an injury claim, you may be able to demand compensation directly from the driver. A personal injury lawsuit can recoup losses like medical expenses, lost income, vehicle damage, and other damages connected to the collision. If a court finds the driver responsible for the crash, it may enter a judgment requiring that driver to pay the remaining damages.
A lawsuit begins by filing a complaint in a Georgia court. The driver who caused the accident must then respond to the complaint. Both sides may gather evidence such as medical records, witness statements, photographs, and crash reports to support their positions. If the case proceeds to trial, a judge or jury may determine fault and decide the amount of damages owed. If you win, the court may enter a monetary judgment against the driver.
It is important to note that some drivers have few personal assets available to satisfy a judgment. Others may own property or have a steady income that may be used to satisfy a court award over time. If you consult a car accident lawyer, they can help you determine whether legal action against the driver personally is likely to secure the outcome you need.
Medical Payments Coverage in Georgia
Medical payments coverage, commonly called MedPay, may help pay healthcare costs after a car crash. Many auto insurance policies include this protection, which pays certain treatment expenses for the insured driver and, in many situations, passengers riding in the covered vehicle. The protection may also apply when the insured driver suffers injuries while driving another car or riding as a passenger in someone else’s vehicle. Some policies also cover injuries sustained while walking or riding a bicycle when a motor vehicle is involved.
MedPay does not depend on fault. An injured driver can submit medical bills to their own insurer for payment under this portion of the policy. Because fault does not control eligibility, payment may occur sooner than compensation obtained through a liability claim.
How Much Does MedPay Cover?
Policy limits determine the amount available under MedPay. Some drivers carry limits of $1,000 or $5,000, while others purchase higher amounts. Once the limit is reached, the insurer won’t issue additional payments under that part of the policy.
Although MedPay may not pay the full cost of treatment after a serious crash, it can reduce out-of-pocket medical bills during the early stages of recovery. This protection may also provide temporary relief while liability or uninsured motorist claims are evaluated.
Identifying Other Liable Parties
In Georgia, you can pursue compensation from every party whose actions contributed to the collision. Identifying these parties can increase the funds available to address medical expenses, lost income, and other damages tied to the crash. Here’s what you need to know:
- Employer Liability: If the negligent driver caused the crash while performing their job duties, the employer may share responsibility. Georgia law recognizes this principle under the doctrine of respondeat superior. This means that when an employee causes an accident while acting within the scope of employment, the employer may be responsible for the damages that follow.
- Commercial Vehicle Companies: Collisions involving delivery vehicles, company cars, or rideshare drivers may involve corporate insurance policies. Businesses that operate vehicle fleets typically maintain higher liability coverage than individual drivers. These policies may provide an additional source of compensation when the driver’s personal insurance is limited.
- Negligent Vehicle Owners: The owner of a vehicle may share responsibility in certain situations. Liability may arise if the owner allowed someone to drive the vehicle despite knowing that the person posed a risk to others. Examples may include lending a vehicle to a driver with a history of reckless driving or allowing an impaired person to operate the vehicle.
- Vehicle Manufacturers and Parts Suppliers: Mechanical failures and other vehicle defects sometimes contribute to crashes. Defective components such as faulty brakes, defective airbags, or steering system failures may lead to claims against manufacturers or distributors responsible for those parts.
- Government Entities Responsible for Road Maintenance: Dangerous road conditions may contribute to collisions in some situations. Missing traffic signs, malfunctioning signals, or poorly maintained roadways may create hazards for drivers. When roadway maintenance failures contribute to a crash, the government agency responsible for maintaining the road may face liability under certain conditions.
When an accident involves a driver with limited insurance, identifying every responsible party becomes especially important. Claims against employers, commercial vehicle companies, vehicle owners, manufacturers, or government entities may increase the compensation available to you.
How a Georgia Personal Injury Lawyer Can Help
When you’re injured by a driver with minimal insurance, identifying all possible sources of compensation is your next step. A personal injury lawyer can investigate the crash, review available insurance policies, and look for ways to maximize your compensation.
- Investigating The Crash: Your attorney can review police reports, witness statements, photographs, medical records, and other evidence related to the collision. This investigation helps establish fault and document the damages caused by the crash.
- Identifying Available Insurance Coverage: Several insurance policies may apply after a collision. An attorney can examine the at-fault driver’s liability policy, uninsured or underinsured motorist protection, and other applicable insurance policies to determine all forms of compensation that may be available.
- Evaluating All Liable Parties: Some crashes involve responsibility beyond the driver who caused the collision. An attorney can examine whether employers, commercial vehicle companies, vehicle owners, manufacturers, or government entities share liability for the damages.
- Handling Communication With Insurance Companies: Insurance companies conduct their own investigations and may request statements or documentation from the injured person. An attorney can manage these communications and provide documentation supporting the claim.
- Pursuing a Lawsuit When Necessary: When insurance payments don’t cover the damages caused by a crash, or if the insurance provider is contesting what they are required to pay out, filing a lawsuit may provide another path to recovery. An attorney can prepare and file the complaint, present evidence, and advocate for compensation through the court system.
Get a Free Consultation From a Georgia Car Accident Lawyer
A crash involving a driver with minimum insurance can leave you with high medical bills, vehicle repair costs, and other damages that exceed the available liability coverage. Uninsured or underinsured motorist protection may increase the funds available through your own policy. You may also be able to file a claim against employers, commercial vehicle companies, vehicle owners, manufacturers, or government entities when their actions contributed to the crash.
If you were injured in a collision involving a driver with limited insurance, speaking with an attorney can help you evaluate your legal options. At The Champion Firm, Personal Injury Attorneys, P.C., we represent those injured in car crashes throughout Georgia and won’t settle for less than full and fair compensation. Contact us today for a free consultation, and learn more about why clients across the state trust us with their futures.
