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I Was Injured In A Car Accident In Loganville, Georgia And The At-Fault Driver Didn't Have Insurance. What Can I Do?

Posted by Bartlett Benton | Jun 04, 2020 | 0 Comments

Were You Injured In A Car Accident In Loganville, Georgia And The At-Fault Driver Did Not Have Insurance?  

If so, you may be wondering what your options are.  Please see below an analysis of your options.  

You Can File A Claim Against Your Uninsured Motorist Insurance

If you have what is called uninsured motorist coverage, then you can file a claim to recover your damages up to the amount of coverage you have.  For example, if you have $25,000 in uninsured motorist coverage, then you could recover up to $25,000 in benefits, depending on your damages.  

Make sure you timely notify your uninsured motorist insurance carrier of the accident, because some policies require timely notice before a claim will be accepted.  

You Can Go After The At-Fault Driver's Personal Assets

Unfortunately, if the at-fault driver does not have insurance, then he/she likely does not have many personal assets or cash on hand.  Going after the at-fault driver's assets requires filing a lawsuit against the at-fault driver, securing a judgment against the at-fault driver at trial, and then collecting the judgment from the at-fault driver.  

This requires a lot of work and time, but if you go the distance, you can garnish the at-fault driver's bank accounts and wages until the judgment amount is obtained.  

You Can Do Both

In some cases where the damages are in excess of your uninsured motorist coverage, you will need to file both a claim against your uninsured motorist coverage as well as go after the at-fault driver's personal assets for the amount in excess of your uninsured motorist coverage.

Contact Bartlett Benton

If you were in a car accident in Loganville, Georgia and the at-fault driver did not have insurance, please call Bartlett at 770-365-6414 for a free case evaluation.  

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