A topic that confuses people all of the time, and with good reason. We’re here to clear the air, but if you still have questions regarding uninsured motorist coverage, please feel free to call our office at 678-884-4572
The Uninsured or Underinsured Motorist insurance (UM/UIM) is a provision under the insurance industry that is there to cover all of your damages should you ever be involved in a hit-and-run accident, hit by an underinsured driver, or a driver with no motor vehicle insurance.
Whenever our Atlanta Car Accident Lawyers consult with a client who has been the victim of an auto accident, we review all available auto insurance policies to determine whether uninsured motorist coverage is available.
How Will Filing a Claim for Damages Affect My Policy Rates?
Sometimes, people fear if they make a claim against their own insurance policy, they might be subjected to financial penalties and an insurance premium increase.
Insurance carriers have managed to project a scary image where policyholders are made to think that any such claims will result in a police rate increase.
In reality, auto insurance companies have no legal right to increase premium rates simply because a claim has been made.
In Georgia, O.C.G.A. § 33-9-40 states that no insurer has the right to put any extra charge or cancel a policy on instances where there is a multi-vehicle accident, and the insured person is found not at fault and was, in fact, the victim of the collision.
That Statute Explicitly States:
No insurer shall surcharge the premium rate imposed on a policyholder of motor vehicle coverage or cancel a policy on the pretext of insured person’s presence in a multi-vehicle accident when such individual was not at fault in such incident.
However, what will happen when the insurance policy expires?
Will the insurance provider disagree to continue the coverage because the person made a claim using their Uninsured or Underinsured Motorist insurance coverage?
O.C.G.A. § 33-23-45 covers the matter of cancellation and renewal of policy under such circumstances.
Though this code section is quite lengthy, the important points to consider are:
- Accidents due to the collision of two or more motor vehicles in which the insured driver is not at fault;
- Coverage and insurance claim of the Uninsured or underinsured motorist;
- Full Insurance claims and
- Road service and towing insurance claims.
The important point to consider above is point number 2.
If you have a collision that is not your fault and you make a UM/UIM claim for that accident, under this code section, the automobile insurance company does not have the right to raise your premium, cancel your policy, or refuse to renew your policy.
If a non-renewal occurs after receiving a notice, the policyholder has the option of asking the Commissioner of Coverage to review it within 15 days of receiving the notice.
You always have ways to file for a UM/UIM claim for insurance benefits on multivehicle accidents where you have sustained bodily injury and vehicle damages due to no fault of your own.
You can contact your insurance agent and ask them how your policy will react to this claim and whether premiums will rise.
If you do not get clear answers, it is better to look for other insurance coverage options that give you full protection.
What If I Don’t Have Uninsured Motorist Coverage?
Being involved in an accident with an uninsured driver can be a stressful and challenging situation, especially if you don’t have uninsured motorist (UM) coverage. However, you may still have options to recover compensation for your injuries and damages:
1. Pursue a Personal Injury Lawsuit Against the At-Fault Driver
Accident victims can file a lawsuit against the uninsured driver to recover damages. However, keep in mind that if the at-fault driver does not have insurance, they may also lack the financial resources to pay a judgment. While this is a legal option, it may not always result in actual compensation.
2. Check for Coverage Under Other Policies
In some cases, you may be covered under another policy. For example:
- Household Policies: If a family member in your household has UM coverage, it may extend to you.
- Employer or Business Policies: If you were driving for work when the motor vehicle crash occurred, your employer’s insurance might provide coverage.
3. MedPay or Personal Injury Protection (PIP) Coverage
If you have medical payments (MedPay) or personal injury protection (PIP) coverage as part of your auto insurance policy, these can help cover medical expenses regardless of who was at fault for the motor vehicle crash.
4. State Compensation Programs
In some states, victims of uninsured drivers may be able to apply for compensation through state programs or special funds designed to assist individuals in underinsured motorist claims.
5. Hire an Experienced Car Accident Attorney
Navigating an auto accident claim without UM coverage is complicated, but a skilled personal injury attorney can explore all potential avenues to help you get fair compensation for your losses.
They can help investigate whether other policies may apply, negotiate with involved insurance companies, and represent you in court if necessary.
While having uninsured motorist coverage is ideal, you’re not necessarily without recourse if you don’t have it.
Consulting with an attorney early can make a significant difference in the outcome of your case.
Contact Hines Law For a Free Consultation
If you want to take legal action after being involved in an auto accident and need help holding the at-fault party accountable for their negligence, don’t hesitate to contact our law firm for a free consultation with an accident lawyer.
At Hines Law, understanding underinsured motorist coverage can be complicated without the help of an experienced car accident lawyer, which is why we are here to help with the claims process and ensure that you receive fair compensation for your losses.
To speak with a skilled attorney after your automobile accident, click on the link below to schedule a free legal consultation today.