Georgia Injury Lawyer Blog

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 7:

7. If the at fault driver has no insurance coverage whatsoever, can I recover for my injuries under my own policy?

Answer: The answer is yes but only if you have uninsured/underinsured coverage under your own automobile policy. If an at fault driver is driving illegally without insurance, he or she is considered to be uninsured by operation of law. There simply is no insurance coverage and therefore they meet the definition of an uninsured driver. Thus, if you are injured by an at fault driver who has no insurance coverage policy at all, if you have been wise enough to purchase uninsured/underinsured motorist coverage as part of your own policy, you can file a claim against your carrier.

The good news here is that the premiums for an innocent insured cannot be raised if a claim is made for uninsured motorist coverage. Thus, in a hypothetical case where an individual causes an accident and he or she has no insurance coverage, one can make an application under one’s own policy for uninsured motorist coverage without a rise in their premiums. The law forbids an insurance company from raising the premiums of their insured simply because a claim is made particularly in the context of a claim being made by an innocent third party who has done nothing wrong but has only made a claim for paid coverage, the claim being necessitated by the acts of an at fault third party.

All of our readers are well advised to review their insurance policies carefully to determine whether they have uninsured/underinsured coverage. If they do not, we would recommend that they meet with their insurance agent, review their budget and purchase as much uninsured/underinsured coverage as is possible. This type of coverage protects the policyholder from the situation where the at fault driver has no insurance coverage or is underinsured, meaning that they have less insurance coverage than would provide complete compensation for the damage inflicted. We encourage all of our clients to study their policies to make sure that they have carefully reviewed this very significant issue and in situations where the family budget will allow the purchase of such coverage, it is a wise investment and form of protection that may be needed and could be crucial in a particular case, particularly where serious injuries are involved.