Although all drivers in North Carolina and Georgia are required to carry liability insurance, many choose not to. Whether due to personal choice or inability to pay, about 18 percent of drivers in Georgia and North Carolina don’t carry insurance, higher than the national average of 14 percent. Driving without insurance is illegal, which naturally leads to the question: Are uninsured drivers automatically at fault for car accidents?
Understanding Fault in Car Accidents Involving Uninsured Drivers
Uninsured drivers are not automatically at fault for car accidents. A driver’s insurance coverage does not make a difference in determining fault – it just affects what happens if the uninsured driver is at fault. If you cause an accident with an uninsured driver, you can be on the hook for their injuries, even if they don’t carry liability insurance. The uninsured driver could file a claim against you to recover the cost of their medical bills, lost work income, and other injury-related losses.
Fault in accidents involving uninsured drivers is determined in the same way as other accidents. Car accident lawyers and insurance companies will investigate the accident and gather evidence, including:
- Police Reports – Police reports provide an objective picture of the accident scene and the responding officer’s observations.
- Photos/Video Recordings – Photos and video recordings can corroborate sequences of events and show evidence of additional accident factors, like road conditions.
- Witness Statements – Eyewitnesses can provide sworn statements about what happened and who was responsible.
- Accident Reconstruction – Forensic evidence and computers can be used to reconstruct accidents and analyze causation.
- Medical Documentation – Medical documentation can prove the existence and severity of injuries from the accident.
The point of gathering evidence is to paint a picture of the accident and determine which party’s negligence caused it. The driver whose negligence caused the injury is the liable party, whether or not they have proper insurance coverage.
Implications of Being Uninsured in a Car Accident
Driving without liability insurance is a misdemeanor in North Carolina and Georgia. In addition to receiving criminal and administrative penalties, uninsured drivers can be personally liable for injuries if they are at fault. Since they do not have insurance, the injured motorist can file a claim directly against their personal assets.
A legal judgment could force someone to sell their personal assets to pay for injuries after a car accident. If the uninsured driver has insufficient assets, the state could garnish their wages or seize property to pay their debts. These consequences could be disastrous, so drivers should always carry the requisite insurance.
Navigating the Aftermath of an Accident with an Uninsured Driver
After a typical car accident, you would file a claim against the at-fault driver’s insurance company. However, if the at-fault driver is uninsured, the process is different. Instead, you would file a claim with your insurance policy’s uninsured motorist coverage. This type of auto coverage kicks in to cover the costs of accidents where an uninsured driver is at fault. Uninsured motorist coverage is mandatory and comes with a standard auto policy in North Carolina, but it is not required in Georgia.
Making an uninsured motorist claim is largely the same as making a regular at-fault auto claim, except your insurance company is playing the role of the at-fault driver’s insurance company. They will investigate the crash and make a settlement offer, which your attorney can negotiate to secure a higher amount.
However, just because it’s your own insurance company doesn’t mean they will be favorable to you. Insurance companies are trying to make money, so they will use any reason to avoid paying. They might try to shift the blame or deny that your injuries were the result of the accident. It’s always helpful to have an experienced car accident attorney at your side to negotiate with insurance companies, even your own.
Options for Recovering Damages as an Uninsured Driver
If you yourself are an uninsured driver not at fault for the accident, your main option for compensation is filing a claim against the responsible driver. Some states have so-called “no-pay, no-play” laws that prevent uninsured drivers from pursuing damages after car accidents, even if they are not at fault. However, Georgia and North Carolina have no such laws, so you can pursue an at-fault claim, even if you are uninsured.
With a liability injury claim, you can recover compensation for your injury-related losses, including:
- Medical bills and continuing medical expenses (e.g., prescriptions, rehab services, etc.)
- Lost work income, including hourly pay/salary, bonuses, commissions, tips, and vacations.
- Reduced lifetime earning capacity due to disability
- Miscellaneous injury expenses (e.g., childcare costs, alternative transportation, etc.)
- Pain and suffering
- Quality-of-life reductions
- Property damage (e.g., vehicle repair/replacement costs)
A car accident attorney can help you file an insurance claim and negotiate settlement offers with insurance companies. If the at-fault driver denies responsibility or their insurance company denies your payments in bad faith, your attorney could initiate formal litigation with a lawsuit.
Seeking Legal Assistance in Uninsured Driver Cases
Regardless of which side of an uninsured driver collision you’re on, you need an attorney to protect your rights and interests. An attorney can assess your options for financial recovery and serve as an intermediary during insurance proceedings. Recovering compensation after an uninsured motorist accident can be difficult, but it is possible with the help of an accomplished car accident attorney.
Contact Ted A. Greve & Associates Today
The attorneys at Ted A. Greve & Associates have decades of collective experience helping accident victims recover compensation for their injuries. We are familiar with navigating uninsured driver accidents on both sides of the collision and can help you pursue the compensation you need to recover and rebuild. We dedicate our practice to justice and will work tirelessly to hold responsible parties accountable under the law.
Contact our offices today or reach out by phone for a case consultation with a car accident attorney in North Carolina and Georgia. Consultations are free, and you pay nothing unless we win, so you have nothing to lose by getting in touch.
