Expect More Uninsured Drivers in 2020
Published in Attorney,Car Accidents on October 7, 2020.
If you are involved in a motor vehicle collision that was caused by an uninsured driver, your attorney can assist you with pursuing an uninsured motorist claim – or filing a lawsuit – against your motor vehicle insurance company.
COVID-19 and the resulting crisis have presented many struggles for working families over the past seven months, including financial struggles. Due to monetary hardships, many individuals and families have allowed their motor vehicle insurance coverage to lapse, resulting in a much higher number of uninsured drivers on the roadway today. Consequently, if you are involved in a motor vehicle collision that is caused by an uninsured driver, you may need to file an uninsured motorist claim with your own insurance company.
Car accidents that occur in Georgia can lead to serious injuries (including soft tissue injuries, traumatic head and brain injuries, and bone fractures), medical treatment, and financial consequences. If you have been injured in a motor vehicle collision that was caused by a driver who did not have insurance coverage, the Macon car accident attorneys at Nelson & Smith Attorneys at Law are here to help. We can assist you with pursuing an uninsured motorist claim against your insurance company, and if necessary, we can file a lawsuit on your behalf in the Georgia state court system.
What is an Uninsured Motorist Claim?
An uninsured motorist claim is a personal injury and contract claim that you can make against your own insurance company, in the event that you are involved in a motor vehicle accident that was caused by an individual who did not have insurance coverage in place. You can make a similar claim against your insurance company under an underinsured motorist theory, in the event an at-fault driver did have insurance, but the insurance coverage was insufficient to compensate you for the damages that you incurred in the collision.
A totally uninsured motorist claim is a tort claim in that the basis for the claim is a negligent act that was caused by someone else. In addition to the tort basis, there is also a breach of contract basis for an uninsured motorist claim. Specifically, you are alleging that your insurance company has breached its contract with you by failing to step into the shoes of the uninsured at-fault driver, and provide you with the compensation that you need for your injuries.
Taking Legal Action against Your Insurance Company
If the driver who caused your accident did not have motor vehicle insurance coverage, you can file an uninsured motorist claim or lawsuit with your own insurance company. The claim starts when your lawyer sends a demand package (including copies of all of your medical treatment records and bills) to the assigned insurance company adjuster. Once the adjuster makes an offer, the parties will typically negotiate until the case either settles, or the parties reach an impasse. In some cases, the accident victim will choose to reject a settlement offer, and a lawsuit will be filed or litigated in the court system.
Speak with a Macon Car Accident Lawyer Today
The knowledgeable legal team at Nelson & Smith Attorneys at Law can assist you with pursuing an uninsured motorist claim or lawsuit. For a free legal consultation and case evaluation with a Macon car accident attorney, please call us at 478-746-1468, or contact us online for more information.