This is a complicated situation – and one that, unfortunately, is common in Georgia. You may need to recover through your own uninsured motorist policy. Under-insured or un-insured motorist insurance (UM or UIM) is coverage that allows you to recover up to your UM limit in the event the driver that hit and injured you has no coverage or has coverage in an amount less than your UIM limit, and the value of your injury claim justifies such a recovery. O.C.G.A. 33-7-11.
Typically, when another driver causes a crash, you will file a claim against both the owner of the car and the driver if that person is not owner. You can seek damages for any medical expenses, lost wages, pain and suffering and punitive damages through the driver’s liability coverage.
However, if the driver lacks liability coverage, you can file a claim with your own insurance company for uninsured driver coverage, known as UM and/or UIM insurance coverage. This kind of coverage allows you to recover damages under your own policy when the at-fault driver has no liability (bodily injury) insurance or his or her insurance fails to cover all of your harms and damages.
Although your insurance company may have been friendly with you when it accepted your premiums, it may not be so friendly when you seek to collect your claim. This is why you will want to work with a lawyer experienced in handling insurance claims.
Please see our page on Insurance Settlements to learn more about how The Millar Law Firm can assist you by dealing directly with insurance companies on your behalf.