Uninsured Motorist Accident Lawyer in Georgia
Uninsured Motorist Accident Lawyer in Georgia


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Uninsured Motorist Accident Lawyer in Georgia

Ben F. Windham, P.C. is a firm that fights the daily fight against insurance companies

A damaged car sits on a deserted road at dusk.

Navigating the aftermath of a car accident is undeniably tough, and it becomes even more challenging when you find out the responsible party lacks insurance in an underinsured situation. In Georgia alone, around 12% of drivers are uninsured, frequently due to the high cost of insurance coverage.

At Ben F. Windham P.C., we understand how daunting a negligence lawsuit, loss, underinsured situation, and the need for additional coverage can seem and are here to offer support and guidance. We’re well-versed in these situations and ready to walk you through each step following an accident with an uninsured driver – from making that important call to the police right up to seeking qualified legal advice, considering the minimum amount of loss and deciding on the option of the defendant.

Rest assured, we’re here to provide clear direction during these unsettling times.

Understanding Georgia’s Insurance Requirements for Drivers

A car in a busy city street at sunset, without humans.

Georgia law mandates all drivers to carry auto insurance. This insurance must include at least $25,000 for bodily harm per person and the same amount for property damage. It’s essential we keep our vehicles insured to meet these minimum coverage limits.

Doing so keeps us legal on the roads and protects us if accidents happen.

We also highly recommend adding uninsured motorist coverage to your policy. Despite laws, some drive without insurance, posing risks to themselves and others. Uninsured motorist coverage offers extra protection in such cases.

With it, you’re covered even if an uninsured driver hits you. Remembering this can save a lot of headaches later.

Protect yourself on Georgia roads by understanding and meeting state insurance requirements.

The Role of an Uninsured Motorist Accident Lawyer in Georgia

An empty car accident scene at night surrounded by flashing police lights.

After learning about Georgia’s insurance needs for drivers, it’s clear how vital uninsured motorist coverage is. Yet, accidents happen, and sometimes the other driver lacks insurance.

This is where an uninsured motorist accident attorney steps in. We play a crucial role in helping victims navigate the aftermath of a crash with an uninsured or underinsured driver.

Our legal advocates work tirelessly to ensure their clients receive fair compensation for damages like medical bills, pain and suffering, and lost wages. Since we understand the complexities of personal injury law and auto insurance policies inside out, we are perfectly positioned to fight for your rights against big insurance companies that may try to minimize what you’re owed.

Our experienced lawyers specializing in cases involving uninsured motorists know exactly how to gather necessary evidence to support your claim—this includes police reports, witness statements, photos of the accident scene, and more.

We also handle all negotiations with the involved parties’ insurers on your behalf so you can focus on recovering. If those negotiations don’t lead to a satisfactory settlement offer from the insurer or if no coverage exists at all from them or from hit-and-run situations where the at-fault party fled and remains unidentified—our lawyers are ready to take your case to court.

With Ben F. Windham P.C., rest assured knowing there are no upfront fees; we only get paid if you win compensation through verdicts or settlements—a testament to our dedication towards securing financial recovery for our clientsfollowing an unfortunate event caused by an insured individual behind another vehicle’s steering wheel.

Actions to Take if Hit by an Uninsured Driver

A car accident scene with one uninsured vehicle and emergency responders.

If you get hit by a driver without insurance, act fast by calling the police, swapping contact info with everyone involved, snapping photos of the scene, getting medical help, and talking to a lawyer.

Read on to discover more steps you should take.

Contact 911 Immediately

Call 911 right after the crash happens. This is the fastest way to let police and emergency services know about the accident. It’s crucial because they can provide help at the scene, whether it’s for injuries or to manage traffic around the wreck.

Their report will also be an important piece of evidence if you need to file a legal claim later.

Make sure to explain what happened clearly when you talk to 911 operators. Tell them if anyone is hurt and if there’s major damage. This helps them understand how urgent the situation is and what kind of assistance they should send your way immediately.

Gather Details of All Other Parties Involved

After you’ve called 911, it’s critical to collect information from everyone involved in the crash. Write down names, addresses, phone numbers, and insurance details from all drivers.

If there are witnesses, get their contact information too. Make sure to note the license plate numbers of all vehicles involved.

Information is power in building a strong case.

Also, exchange driver’s license info with other drivers. This step ensures we have everything needed to deal with insurance companies and legal matters efficiently. Keep these details safe as they will be key in your claim process.

Document the Accident with Pictures and Videos

Take pictures and record videos of the car wreck right away. Capture all angles of the damaged vehicles, any visible injuries, and road signs near the accident site. This creates a visual record that can be crucial for your insurance claim or legal case.

Make sure to include timestamps on these photos and recordings if possible. This evidence helps prove the time and place of the crash, adding strength to your case. Use your smartphone or camera to document everything while waiting for help to arrive.

Seek Medical Attention

After capturing evidence at the scene, the next vital step is to get checked by a health professional. Even if you feel okay, some injuries might not show symptoms right away. Going to a doctor or hospital ensures that all your injuries are properly recorded.

This is crucial because your medical records will play a key part in your personal injury accident claim, especially when seeking reimbursement for medical expenses incurred due to the collision.

Make sure you follow up on the treatments advised by healthcare providers and keep track of all the medical costs related to your car mishap. These details are essential for accurately calculating compensatory damages later on during your claim process with insurance companies or in court.

Consult a Lawyer

Once you have received medical care, the next step is to talk to a lawyer. Choosing to work with a personal injury attorney can greatly help your case. They understand the law and know how to get you the best outcome.

Our team works on a contingency basis, which means we don’t get paid unless you win your case.

No attorney fees are owed unless compensation is secured.

A good lawyer will gather all necessary evidence and handle talks with insurance companies for you. They make sure that all deadlines are met and work hard to prove the other driver was at fault in your accident.

With their expertise, filing lawsuits and seeking fair compensation becomes less stressful for you.

Determining Negligence in Uninsured Motorist Accidents

Skid marks and damage from uninsured motorist accident at busy intersection.

We work hard to figure out who was at fault in accidents with uninsured drivers. This step is key because it helps decide if you can get money for your injuries, lost income, pain, and harm to your car.

To find out who was careless, we look at many things. These include how the crash happened and the laws about driving safely. Our team collects evidence like photos from the scene, reports from police officers, and statements from people who saw the accident.

Our lawyers also use their knowledge of Georgia’s driving laws to show how the other driver did not act carefully. Proving this point is necessary to win your case. We focus on every detail that shows the other driver caused the accident because they were not following rules or paying attention.

This effort aims at making sure you get help for medical bills, time off work, and fixing any damage to your vehicle due to someone else’s mistake.

Understanding the Compensation Process if the At-Fault Driver is Uninsured

After figuring out who was at fault in the car crash, the next step is understanding how to get paid when the other driver doesn’t have insurance. If you’re hit by an uninsured driver in Georgia, don’t worry.

You still have options to cover your losses, like medical bills and car repairs. Your own insurance might offer a plan called uninsured motorist coverage. This plan pays for what you lose in these crashes.

But dealing with insurance companies can be tricky.

It’s smart to talk to a lawyer who knows about car accidents and insurance laws right away. They can help make sure your rights are protected and work towards getting you fair compensation.

Our lawyers know how to deal with difficult situations where the person at fault can’t pay through their own insurance because they don’t have any. You need someone strong on your side who understands the law and how it works here in Georgia.

Time Limit to File a Claim in Georgia

Georgia gives you two years from the accident date to file a claim for damages caused by an uninsured motorist. This rule is known as the statute of limitations. If you wait too long and try filing after this period, your case might not be heard, effectively losing your chance for compensation.

Justice delayed is justice denied.

Working with a skilled attorney ensures your claim meets all deadlines. This step is vital in protecting your rights and securing the compensation you rightfully deserve. Next, let’s discuss what fees lawyers might charge for their services in such cases.

The Cost of Hiring a Lawyer for Uninsured Motorist Accidents

Hiring a lawyer for uninsured motorist accidents doesn’t cost upfront. We work on a contingency basis. This means if we don’t win your case, you don’t pay us attorney fees. Many worry about legal fees after an auto accident, but this method allows you to seek justice without financial stress.

Our firm understands the burden of unexpected expenses following a collision. With our contingency fee agreement, clients can access skilled legal representation while focusing on recovery, not costs.

This approach aligns with our commitment to serve those injured by negligent or uninsured drivers without adding to their financial strain.

Why You Need A Lawyer for Uninsured Motorist Accidents

Dealing with uninsured motorist accidents requires a lawyer because they understand Georgia’s auto insurance laws. They know how to fight for your rights and get you compensation for medical costs, lost wages, pain, and vehicle damage.

Lawyers work on a contingency basis, meaning you pay them a portion of the recovery.

A lawyer can help prove the other driver was at fault and negotiate with insurance companies. Without one, it’s tough to handle legal procedures and ensure fair treatment. They guide you through each step to secure what you deserve after an accident.

Common Questions in Uninsured Motorist Accident Cases

We often get asked about uninsured motorist accident cases. Here are some of the most common questions we hear.

  1. What does uninsured motorist coverage do? This kind of insurance helps if you’re in an accident and the other driver has no insurance or not enough. It can pay for your injuries and damages.

  2. Am I required to have uninsured motorist coverage in Georgia? Yes, Georgia law says you must carry auto insurance that includes at least minimum uninsured motorist coverage.

  3. How do I know if my policy includes this coverage? Check your insurance documents or call your insurance company. They can tell you what protections you have.

  4. What should I do right after an accident with an uninsured driver? First, make sure everyone is safe and call 911. Then, take photos of the scene and all vehicles involved. Get contact information from any witnesses.

  5. Can I still get compensation if the at – fault driver is uninsured? Yes, if you have uninsured motorist coverage, your own insurance may cover your damages.

  6. How long do I have to file a claim? You have 2 years from the date of the accident to file a car accident claim in Georgia.

  7. What if my expenses are more than what my policy covers? If your medical bills and repair costs exceed your coverage limits, you might need to pay some costs out of pocket or explore other legal options.

  8. Will my rates go up if I make an uninsured motorist claim? It depends on your insurer’s policies, but filing this type of claim doesn’t always increase premiums.

  9. Do I need a lawyer for an uninsured motorist case? A lawyer can help navigate the claims process, negotiate with insurers, and ensure you receive fair compensation.

  10. Where can I find more help or information? Contacting a knowledgeable personal injury lawyer – such as our experienced attorney at Ben F. Windham, P.C. – who handles car accidents can offer guidance tailored to your situation.

Next, let’s explore understanding your options and potential damages in these cases.

Understanding Your Options and Potential Damages in Uninsured Motorist Cases

If you’re hit by an uninsured driver in Georgia, knowing your options is crucial. You can still seek compensation for medical costs, lost wages, and car repairs through your own insurance if you have uninsured motorist coverage.

This type of policy steps in when the at-fault party can’t pay. Filing a claim against your own policy might seem straightforward but getting fair compensation often requires legal insight.

A good lawyer knows the law; a great lawyer knows the judge.

Seeking damages from an uninsured motorist involves understanding what you’re entitled to recover. Beyond medical bills and property damage, you may claim non-economic damages like pain and suffering.

However, each case varies widely based on individual circumstances and policy details. Working with experienced personal injury lawyers makes navigating this process easier, ensuring that your rights are protected while aiming for the best possible outcome.

The Process of Winning an Uninsured or Underinsured Motorist Accident Case

We first gather proof to show the other driver caused the accident. This involves collecting photos, police reports, and witness statements. We also track down all medical records and bills to show your injuries and costs.

Our team works closely with experts in car smashups if needed to prove how the crash happened.

Next, we talk to insurance companies for you. If they refuse a fair deal, we are ready to fight in court. A lawsuit might be the way to get you what you deserve from an uninsured or underinsured driver.

We handle all parts of your legal battle while you focus on getting better.

The Difference Between Uninsured and Underinsured Motorists

After exploring how to win cases against drivers without enough insurance, it’s crucial to understand who these drivers are. Uninsured motorists have no insurance policy at all. This means if they cause a crash, they can’t pay for any damage or injuries out of their insurance because they don’t have any.

Underinsured motorists, on the other hand, do have some insurance. However, their coverage isn’t enough to cover all the costs of a major accident.

In Georgia, we see both types often. Remembering that 12% of drivers here don’t carry any insurance helps us prepare for such situations. Having uninsured motorist coverage is a smart move.

It steps in when you get into an accident with someone who can’t pay through their own insurance. Working with experienced lawyers makes navigating these claims smoother and ensures you seek maximum recovery for your damages and suffering without falling short due to inadequate coverage from the at-fault driver.

How to Support Your Car Accident Case

Supporting your car accident case requires solid evidence and the right steps. We know the importance of building a strong case.

  1. Collect all contact information from witnesses. Witnesses can provide details that support your side of the story.

  2. Take many photos and videos at the scene. Visuals capture damage, road conditions, and traffic signs clearly.

  3. Report the accident to law enforcement immediately. A police report offers an official account of what happened.

  4. Keep a detailed record of medical treatments. Documents from health care providers prove injury and recovery needs.

  5. Save all receipts related to the accident. This includes repairs to your vehicle, rental cars, and any medical expenses.

  6. Contact your insurance company as soon as possible but avoid giving a recorded statement without legal advice.

  7. Hire an experienced lawyer familiar with accidents involving uninsured motorists in Georgia. We can guide you through each step and handle negotiations with insurance companies.

  8. Follow up on all doctor’s visits and treatments suggested by healthcare professionals to show you are taking recovery seriously.

  9. Prepare a diary detailing how injuries from the crash affect daily life, documenting struggles and progress.

  10. Obtain a copy of the accident report from the authorities for your records.

Taking these actions helps strengthen your case after an accident, ensuring you are ready for legal proceedings or negotiations with insurance firms.

How to Evaluate a Fair Settlement Offer

To evaluate a fair settlement offer, first look at your actual damages, which cover medical bills, car repairs, and lost wages. These costs should be fully covered in any offer. Then think about your pain and suffering.

This is harder to put a price on but is just as important. Insurance companies might try to lowball this part of the claim.

Next, consider if the offer includes future expenses related to the accident like ongoing therapy or income loss if you can’t return to work right away. A good lawyer will help figure out these details by looking at similar cases and using their experience with auto accidents.

We use tools like mediation or even going to court to make sure you get what you deserve without falling for quick but unfair settlements from insurance companies.

The Impact of Contributory Negligence in Your Atlanta Uninsured Motorist Accident Claim

Contributory negligence can greatly affect your claim in an Atlanta uninsured driver collision. This rule means if you are partly at fault for the accident, you might get less money or none at all.

Georgia law uses a modified version of contributory negligence. You can still recover damages if you are less than 50% responsible for the crash. But, your compensation decreases by your percentage of fault.

For example, if the court finds you 20% at fault and your damages total $100,000, you would only receive $80,000.

Understanding how contributory negligence works is key when dealing with an uninsured motorist claim in Atlanta. Our team helps figure out who was at fault and builds a strong case to maximize your recovery.

We explain every step, from gathering evidence to showing how the other driver’s lack of insurance affects your options for compensation. Our goal is to ensure that contributory negligence doesn’t unfairly limit what you can recover after an accident with an uninsured motorist.

Why You Shouldn’t Accept the Insurer’s First Offer or Agree to Give a Recorded Statement

After discussing how contributory negligence affects your claim, it’s crucial to understand dealings with insurance companies. Often, insurers quickly offer a settlement after an accident.

This first offer might seem tempting but usually falls short of covering all your losses. Accepting it means you can’t ask for more later, even if your costs rise.

Insurance companies may also ask you to give a recorded statement about the accident. This might seem harmless but can hurt your case. They use these recordings to find reasons to lower or deny your compensation.

We recommend speaking with an experienced personal injury attorney before talking to insurers or accepting any offers. This way, you protect your rights and ensure fair treatment throughout the process.

The Importance of Uninsured Motorist Coverage in Georgia

In Georgia, 12% of drivers don’t have car insurance. This fact makes uninsured motorist coverage crucial for everyone. Without it, getting hit by an uninsured driver can mean big bills and no way to pay them.

The law requires drivers to have basic insurance, but that doesn’t cover all accidents with uninsured or underinsured drivers. Adding this coverage means extra protection on the road.

Choosing additional coverage helps cover costs if an uninsured driver causes a crash. It’s a smart move in Georgia where so many drive without insurance. With this coverage, you won’t face huge costs alone after an accident.

Protecting yourself with more than the minimum required insurance keeps you safer on roads filled with risks.

Can Uninsured Motorist Coverage Be Used in a Hit-and-Run Accident?

Yes, uninsured motorist coverage can help in a hit-and-run accident. This type of coverage steps in when the other driver is not known or has no insurance. It covers bodily injuries and property damage.

After a hit-and-run, it’s essential to file a police report and claim with your insurer promptly.

Many drivers in Georgia lack auto insurance, posing risks on roads like Interstate 75 and Peachtree Street. Having uninsured motorist coverage is a smart move for protection against such incidents.

Moving forward, let’s explore what happens if you don’t have this coverage after an accident.

What Happens If You Do Not Have Uninsured Motorist Coverage?

If you don’t have uninsured motorist coverage and an uninsured driver hits you, paying for damages gets tough. Your regular auto insurance may not cover all costs. You might have to pay for car repairs or medical bills yourself.

This can lead to financial strain, especially if the expenses are high.

Without this coverage, suing the at-fault driver is an option, but it’s often not practical. Many uninsured drivers lack the funds to pay for your losses out of pocket. Thus, recovering money directly from them can be hard and sometimes impossible.

How to Contact an Experienced Atlanta Uninsured Motorist Accident Lawyer

Need help after a car wreck with an uninsured driver? Reach out to us for support. We’re here to fight for you, making sure you get the money you deserve. Our team knows how tough these situations can be and we have the skills to win your case.

Contact us today. Let’s start working on getting your life back on track together.


Hiring an uninsured motorist accident lawyer in Georgia makes sense. Uninsured drivers are a big problem here, with 12% going without insurance. These lawyers understand the laws and can help you win your case.

We get paid based on what we win for you, so it costs nothing to start. Getting extra coverage for yourself is also smart. This way, you’re ready if an uninsured driver hits you.


1. What does an uninsured motorist accident lawyer do in Georgia?

An uninsured motorist accident lawyer helps people who get hurt in car accidents by drivers without insurance. They work to get money for injuries and damages.

2. Why is liability coverage important in Georgia?

Liability coverage protects drivers if they cause a crash. It pays for other people’s injuries and property damage, up to the policy limits.

3. Can I sue if hit by someone texting and driving in Georgia?

Yes, you can sue a driver who was texting and caused an accident because they were not paying attention to the road.

4. How does underinsured motorist coverage help me in Georgia?

Underinsured motorist coverage helps pay your expenses when the at-fault driver’s insurance isn’t enough to cover all your costs from the accident.

5. What should I do after a motorcycle accident with a distracted driver on Interstate 285?

After a motorcycle crash caused by a distracted driver on Interstate 285, call police, get medical help, take photos of the scene, and contact an attorney.

6. Are there any fees upfront when hiring an uninsured motorist accident lawyer in Georgia?

Most uninsured motorist accident lawyers work on contingency fee agreements, meaning they only get paid if you win your case; no upfront fees are required.


You have just been seriously injured in a car accident on a major interstate. After three days of recovery and a surgery to repair your mangled body, you are left with the realization that the person that hit you is uninsured. You have over two hundred thousand dollars in medical bills, but breathe a sigh of relief after you remember that you have a $500,000.00 Uninsured Motorist Policy with State Farm (Snake Farm). You call your agent who starts a claim and then puts you in touch with an adjuster. The adjuster tells you that she is not so sure that the driver that hit you in the truck that ran the red light is responsible and that your own insurance company is taking his side and is going to deny the claim entirely. Your next call will need to be to an experienced uninsured motorist accident attorney in Atlanta.

Unfortunately, stories like this occur every day. Insurance companies have one concern and one concern only. It is to save money. It is to show more of a profit. It is the bottom line, not only for the Insurance Company but for the adjuster. Insurance adjusters are paid bonuses and rewarded through additional compensation to deny and undervalue claims. Many folks are shocked to learn that the Insurance Company that they pay their hard earned premiums to and are forced by State laws to carry would leave them high and dry. It happens every day all over Georgia and the other 49 states.

When your own insurance company turns on their insureds they have little choice but to find an aggressive trial attorney to look out for their interests where their own insurance company has failed them. Ben F. Windham, P.C. is a firm that fights the daily fight against insurance companies in uninsured motorist care accidents. If you or a loved one have been injured in an automobile accident where the driver that hit you carries little or no insurance coverage, Ben F. Windham, P.C. will aggressively and vigorously represent you in a court of law.


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