Key Takeaways
- Yes, in some situations, you can file a claim or lawsuit against your own insurance company in Georgia.
- This most commonly happens with uninsured/underinsured motorist (UM/UIM) coverage.
- Your insurance company may still fight your claim, even though you are their customer.
- Understanding your policy and acting early is key after an accident in cities like Atlanta, Marietta, Gainesville, Austell, Jonesboro, or Dalton.
1. When You Can File a Claim Against Your Own Insurance
After a car accident in Georgia, most people expect the at-fault driver’s insurance to pay for damages.
But what happens if:
- The other driver has no insurance?
- Their coverage is not enough to cover your injuries?
- Or you are involved in a hit-and-run?
In these situations, you may need to turn to your own insurance policy for coverage.
This is especially common in busy areas like Atlanta, Sandy Springs, and Lawrenceville, where uninsured drivers are more frequent than many realize.
At the Law Offices of Matthew C. Hines – Hines Law Firm, we help clients understand when their own policy becomes the primary source of recovery. With more than 20 years handling Personal Injury cases in Georgia we have the best lawyers to represent your case.
2. Uninsured and Underinsured Motorist Coverage Explained
Georgia drivers can carry UM/UIM coverage, which is designed to protect you when the at-fault driver cannot fully pay for your damages.
Uninsured Motorist (UM) Coverage
Applies when:
- The other driver has no insurance
- The accident is a hit-and-run
Underinsured Motorist (UIM) Coverage
Applies when:
- The at-fault driver has insurance—but not enough to cover your losses
For example:
- Your damages = $100,000
- At-fault driver’s policy = $25,000
- Your UIM policy may cover the remaining amount (depending on your policy limits)
Even though you are filing through your own policy, your insurance company may still:
- Investigate the claim
- Dispute liability
- Challenge the value of your injuries
3. When a Lawsuit Against Your Insurance Company Happens
Filing a claim is one thing—but suing your own insurance company can happen if there is a dispute.
Disagreement Over Fault
Your insurer may argue that you were partially or fully at fault.
Disputes Over Damages
They may claim:
- Your injuries are not as serious as reported
- Your medical treatment was unnecessary
- Your compensation should be lower
Policy Interpretation Issues
Sometimes disputes arise over:
- Coverage limits
- Policy language
- What is actually covered under your plan
If your insurance company refuses to pay fairly, you may need to file a lawsuit to recover what you are owed.
At Hines Law Firm, we handle these cases by holding insurance companies accountable—even when they are supposed to be on your side.
4. Common Mistakes to Avoid
Assuming Your Insurance Company Will Automatically Pay
Insurance companies are businesses. Even your own insurer may try to minimize payouts.
Not Understanding Your Coverage
Many drivers don’t know what their UM/UIM policy actually covers until after an accident.
Accepting a Low Settlement Too Quickly
Early offers are often lower than what your case may truly be worth.
Delaying Legal Help
The longer you wait, the harder it can be to gather evidence and build a strong claim.
Working with an experienced legal team—like the attorneys at Hines Law Firm—can help you navigate both claims and disputes with your insurer.
FAQs
Can I sue my own insurance company after an accident?
Yes, if there is a dispute over coverage or payment, especially in UM/UIM claims.
Will my insurance rates go up if I file a claim?
It depends on your policy and the circumstances, but filing a claim does not automatically mean your rates will increase.
What if the other driver doesn’t have insurance?
You may be able to recover compensation through your uninsured motorist coverage.
Conclusion: Your Own Insurance May Be Part of the Fight
After a car accident in Georgia, your own insurance policy can become a critical source of compensation—especially when the at-fault driver lacks adequate coverage.
But just because you’re dealing with your own insurer doesn’t mean the process will be easy. Disputes over fault, damages, and coverage are common.
From accidents in Marietta and Austell to cases in Gainesville, Jonesboro, and Dalton, understanding your rights is essential.
At the Hines Law Firm, we know how to handle claims involving uninsured and underinsured drivers—and how to take action when insurance companies don’t play fair. If you’ve been injured, acting early can help protect your claim and maximize your recovery. With over 90% success rate, we have the best attorneys to handle your case. Call us for a free consultation 404-2264236.