(678) 999-3331Underinsured Motorist Claims
Many drivers carry insurance, but not all have enough to cover serious injuries after a crash. If the person who hit you doesn’t have enough coverage to pay for your medical bills, lost income, and other damages, an underinsured motorist (UIM) claim can help. Your own policy may provide this coverage, allowing you to recover what the at-fault driver’s insurance won’t pay.
Georgia law doesn’t require drivers to carry UIM coverage, but it’s an option most insurance companies offer. If you have this protection, it can cover costs beyond the limits of the other driver’s policy. But insurance companies don’t always make it easy to get a fair payout. They may argue about the severity of your injuries or delay payment. A strong legal strategy can help push back against those tactics.
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Uninsured Motorist Claim Laws in Georgia - What Happens If the Person Who Hit Me Has No Insurance
Georgia law requires drivers to carry a minimum amount of liability insurance. But that doesn’t stop people from driving without it. If an uninsured driver causes a crash, you may have to rely on your own uninsured motorist (UM) coverage to recover damages.
UM insurance is not mandatory, but insurers must offer it. If you accept coverage, your policy should cover medical bills, lost wages, and other expenses. If you don’t have UM insurance, options become more limited. You may be able to file a lawsuit against the at-fault driver, but collecting compensation can be difficult if they don’t have assets. In some cases, other liable parties—such as a company that employed the driver—may share responsibility.
How to Protect Your Rights After An Accident
The steps you take after a crash can affect your ability to recover compensation. Start by reporting the accident to the police and seeking medical attention. Even if you feel fine, some injuries take time to show symptoms. Document everything—take pictures of the scene, get contact information from witnesses, and request a copy of the police report.
Notify your insurance company as soon as possible, but be careful when speaking with adjusters. They may ask for statements that can be used to minimize your claim. Avoid discussing fault or giving recorded statements without legal guidance. A lawyer can help you understand your rights and communicate with insurers on your behalf.
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How Underinsured Motorists Can Make Car Accidents More Complex
When a driver involved in a crash doesn’t have enough insurance to cover all your damages, things can quickly become complicated. You could be left struggling to pay medical bills, repair costs, or even deal with lost income while the legal and insurance processes drag on. Underinsured drivers create gaps in coverage that leave victims vulnerable without proper planning or legal support.
Turning to Your Insurance Isn’t Always Easy
Many drivers have underinsured motorist (UIM) coverage through their own auto policy, which is supposed to step in when the other driver’s coverage isn’t enough. But filing this type of claim isn’t always simple. Insurance companies often try to minimize what they pay by downplaying the severity of your injuries or offering settlements far lower than what you deserve. Without strong evidence and a clear understanding of the claims process, you could get stuck with a payout that doesn’t meet your needs.
You May Need to File Multiple Claims
To recover the full amount, you’ll likely need to file a claim against the at-fault driver’s insurance and then another through your own policy. Each of these claims involves different legal procedures, deadlines, and insurance rules. Missteps—like settling with the at-fault driver’s insurer too quickly—could prevent you from pursuing further compensation under your UIM policy. Coordinating both claims requires attention to detail to avoid limiting your recovery.
Big Insurance Companies Have Their Own Lawyers
Insurance companies don’t make money by paying claims—they make money by denying them or settling for as little as possible. They employ teams of lawyers whose job is to protect corporate profits, not accident victims. If an insurance company can find a reason to reduce or deny a payout, they will.
When you’re injured in a car accident, you’re not just dealing with an insurance adjuster—you’re up against a legal team trained to minimize or reject claims. Understanding how these companies operate can help you protect your rights.
How Insurance Companies Try to Undervalue or Deny Claims
Insurers use various tactics to avoid paying full compensation. Some of the most common strategies include:
Disputing Liability
Insurance companies often argue that their policyholder wasn’t at fault or that you share responsibility for the crash. Georgia follows a modified comparative fault rule, meaning if they can show you were at least 50% at fault, they don’t have to pay anything. Even if you’re less than 50% responsible, they’ll still try to reduce what they owe by shifting some of the blame onto you.
Questioning the Severity of Your Injuries
Even if liability is clear, insurance companies may argue that your injuries aren’t as serious as you claim. They may:
- Insist that pre-existing conditions, not the accident, caused your pain
- Claim that you waited too long to seek medical treatment, which could mean your injuries aren’t severe
- Use independent medical exams (IMEs) to dispute your diagnosis and treatment plan
They do this to justify offering a low settlement or denying your claim altogether.
Delaying Payouts
Time is on the insurance company’s side, not yours. Bills pile up. You may be out of work. Insurers know that delaying a settlement can put financial pressure on you, making you more likely to accept a lowball offer. They may:
- Take weeks or months to respond to claims
- Request excessive paperwork
- Insist on unnecessary investigations
- Make repeated requests for the same documents
These delays are intentional. Their goal is to make you desperate enough to settle for less.
Why Going Up Against Insurance Lawyers Alone Is Risky
Insurance lawyers are skilled negotiators trained to protect the company’s bottom line. They know the law and how to use it to their advantage. If you try to handle a claim on your own, you could:
- Accept a settlement that’s far lower than what you need
- Say something that weakens your case
- Miss deadlines or required documentation
- Struggle to prove damages, especially non-economic losses like pain and suffering
Insurance companies want you to go through the process alone because they know they have the upper hand. They deal with claims every day—you don’t. Without legal representation, you’re at a significant disadvantage.
How a Lawyer Levels the Playing Field
Having an attorney sends a clear message to the insurance company: you won’t be pushed around. An experienced car accident lawyer knows the strategies insurers use and how to counter them. They can:
- Investigate the crash and gather evidence proving fault
- Work with medical experts to document the full extent of your injuries
- Negotiate aggressively to secure fair compensation
- Challenge insurance company tactics that delay or undervalue claims
- Take the case to court if the insurer refuses to settle fairly
With legal representation, the insurance company knows they can’t get away with unfair practices. They’re more likely to offer a reasonable settlement when they see that you have strong legal backing.
Don’t Let the Insurance Company Decide What’s Fair
Insurance companies don’t work for you. Their goal is to pay as little as possible, no matter how much you need for medical treatment, lost wages, and future expenses. If they can deny your claim or pressure you into settling for less, they will.
Don’t go up against a team of lawyers alone. If you’ve been in a car accident, make sure you have someone fighting for you. The right legal representation can make all the difference in getting the compensation you deserve.
Your Own Policy May Have Coverage
Many drivers don’t realize they have coverage options beyond the at-fault driver’s insurance. Uninsured and underinsured motorist coverage can help, but some policies also include medical payments (MedPay) or personal injury protection (PIP). These can cover medical bills regardless of fault.
Some policies even provide coverage for hit-and-run accidents. Reviewing your policy’s details can uncover benefits you didn’t know you had. Insurance companies may not always explain these options, so it’s important to check your coverage carefully.
Fighting For Your Financial Rights After an Accident
Medical bills, lost income, and other expenses can add up quickly after a crash. The last thing you should worry about is whether an insurance company will pay what it owes. Unfortunately, insurers often look for ways to reduce or deny claims.
You have the right to seek full compensation for your losses. This includes not only medical costs but also pain and suffering, future medical needs, and lost earning potential. A strong claim backed by evidence can help push back against unfair settlement offers.
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What If My Car Accident Claim Is Denied
A denied claim doesn’t mean the fight is over. Insurance companies deny claims for many reasons—lack of coverage, liability disputes, or missed deadlines. Sometimes, they use bad faith tactics to avoid paying what they should.
You have options if your claim is denied. A lawyer can review the denial, challenge unfair decisions, and appeal the case if necessary. In some cases, legal action may be required to force the insurer to pay.
A Skilled Houston Car Accident Lawyer May Be Able to Overturn a Denial
If an insurance company wrongfully denies your claim, legal action may be the only way to get what you deserve. Lawyers who handle these cases know the strategies insurers use and how to fight back. They can present evidence, negotiate aggressively, and take the case to court if needed.
Insurance companies often reconsider their position when faced with strong legal representation. If your claim has been denied, don’t accept it without getting a second opinion.
Schedule A Free Consultation with A Skilled Georgia Car Accident Lawyer Today
If you or a loved one have been in an accident with an underinsured driver, don’t wait to get help. The sooner you act, the stronger your case can be. A consultation costs nothing, and it can give you the answers you need.
Insurance companies have teams of lawyers working to protect them. Make sure you have someone fighting for you. Call today to learn how to move forward.
Don't face this challenging time alone. Contact us today at Karell Trial Attorneys via our website or dial 678-999-3331 to schedule your free consultation and take the first step toward securing your financial recovery.
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