Most Georgia car accident claims for bodily injury or property damage are settled via negotiations with the at-fault driver’s auto insurance company. However, the liable party becomes personally responsible for paying for any accident-related losses their policy does not cover.
Securing full compensation can be challenging when your car accident claim exceeds insurance limits. However, it is not impossible. An experienced Georgia car accident attorney can help you understand your options for holding that at-fault driver accountable and seeking the maximum possible compensation for your losses.
What Are the Minimum Auto Insurance Requirements in Georgia?
Georgia requires drivers to carry minimum liability insurance policies in the following amounts:
- $25,000 in bodily injury liability coverage per person
- $50,000 in bodily injury liability coverage per accident
- $25,000 in property damage liability coverage per accident
However, collisions often result in losses exceeding these amounts. That’s why purchasing a policy with more substantial coverage is generally recommended for drivers who can afford to do so.
How Do I Recover Damages If My Claim Exhausts the At-Fault Driver’s Insurance Policy Limits?
When your claim exceeds the at-fault driver’s insurance limits, you have several options to pursue full compensation for your losses.
Underinsured Motorist Coverage
If you have underinsured motorist (UIM) coverage on your auto insurance policy, you can file a claim with your own insurer. This coverage kicks in when the at-fault driver’s policy limits don’t cover your losses, helping you bridge the gap between the policy limits and your total losses.
Multiple Parties
In some cases, additional parties may be responsible for the accident. Identifying all potentially liable parties can increase the available insurance coverage, making it more likely that you can get the amount you need to cover your losses. These parties may include:
- Other drivers involved in the collision
- Vehicle or parts manufacturers (if a defect contributed to the crash)
- Government entities responsible for road maintenance
An experienced Georgia car accident attorney can conduct a thorough investigation to determine whether additional parties might bear liability for your injuries.
Personal Injury Lawsuit
If the above options do not cover the total extent of your losses, you may need to file a lawsuit directly against the at-fault driver. If you are successful, the court can order the defendant to pay your damages from their personal assets. A skilled car accident attorney can help you determine whether the at-fault driver has enough assets to make a lawsuit worthwhile.
What Happens If the Other Driver Has No Insurance?
Realizing that the at-fault party is an uninsured driver can complicate your ability to recover compensation. However, you still have options, including the following:
- Uninsured motorist (UM) coverage – If you have this coverage on your own policy, you can file a claim with your insurance company.
- Personal injury lawsuit – You can sue the uninsured driver directly, though collecting on a judgment may be challenging if they lack assets.
- Medical payments coverage (MedPay) – This optional coverage on your policy can help pay for your medical expenses regardless of fault.
- Health insurance – While your health insurance can cover your medical bills, you may need to reimburse them from any settlement you receive.
Being involved in a crash with an uninsured driver can be stressful. However, a knowledgeable attorney can help you explore these options and determine your most effective path forward.
What Is an Umbrella Policy?
An umbrella policy is a supplemental liability insurance option that provides additional coverage beyond the limits of your standard auto or homeowners insurance policies. Umbrella policies typically offer $1 million or more in additional liability protection for various personal liability situations, not just auto accidents. They fill in the gaps by covering claims your primary insurance policies might exclude. Relative to the coverage provided, umbrella policies are often surprisingly affordable.
For at-fault drivers, an umbrella policy can protect personal assets if they cause an accident with losses exceeding their car insurance limits. For injury victims, learning that the at-fault driver has an umbrella policy can significantly increase the likelihood of receiving full compensation for their losses. This additional coverage can offer peace of mind and financial protection after a collision with severe consequences.
How Long Do I Have to File a Car Crash Claim in Georgia?
Georgia’s statute of limitations for car accident injuries allows an accident victim to file a lawsuit against the at-fault party within two years of the crash date. While some circumstances can affect the deadline, any attempt to initiate legal action beyond the statutory limitations period will likely result in losing your right to recover compensation in court.
Enlisting the services of a Georgia car accident lawyer as soon as possible will allow them to ensure that all filings are timely. The sooner your attorney begins working on your case, the easier it will be for them to secure the evidence required to prove that the at-fault party is responsible for your injuries.
Contact a Georgia Car Accident Lawyer Today
Suffering injuries in a car accident is disruptive and overwhelming under any circumstances. However, the stress can become even more intense when the at-fault driver’s insurance coverage isn’t enough to pay for your losses. By understanding your options and working with a knowledgeable Georgia car accident attorney, you can feel more confident about seeking total compensation for your injuries and losses, even when dealing with insurance limitations or uninsured drivers.
At Sherrod & Bernard, P.C., we understand how challenging the claims process can be. Our skilled legal team can reduce your stress and will work hard to maximize your compensation. With over 30 years of experience and our commitment to individualized client support, you can rest assured that you and your case are in good hands. We have recovered millions for injury victims, including a $5.25 million judgement for a drunk driving accident. Past clients say their “claim was resolved in a timely manner with professionalism.” Call us today or contact us online for a free case review, and let us be your voice for justice.
