What to Do If You’re in a Car Accident Without Insurance (or the Other Driver Is)

car accident

Key Takeaways

  • Georgia law requires all drivers to carry liability insurance.
  • If you’re uninsured in an accident, you could face serious penalties—even if you weren’t at fault.
  • If the other driver is uninsured, you may still be able to recover damages through your own policy.
  • Working with an attorney can help you understand your rights and avoid costly mistakes.

Introduction

Car accidents are stressful enough. But when one of the drivers involved doesn’t have car insurance, things get complicated fast.

Whether you’re driving without insurance or hit by someone who is, it’s important to understand how Georgia law applies to your situation. In this blog, we’ll explain what to do if you’re in an accident without insurance (or the other driver is), the legal consequences, and how to protect yourself.

Georgia’s Car Insurance Requirements

In Georgia, drivers are required to carry minimum liability coverage of:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage

Driving without insurance is a misdemeanor that can lead to fines, license suspension, and even jail time.

If You’re at Fault and Don’t Have Insurance

If you’re responsible for the accident and don’t have insurance, you may be personally liable for the damages. That means:

  • The other driver can sue you for medical bills, vehicle damage, and more.
  • You could face license suspension and vehicle impoundment.
  • You may have to pay out of pocket for any damages awarded in court.

This is why it’s critical to consult a lawyer immediately if you’re uninsured and at fault.

If You’re Not at Fault but Don’t Have Insurance

Even if the accident wasn’t your fault, not having insurance can still cause problems. Georgia is a “fault” state, but uninsured drivers often face:

  • Fines and legal penalties
  • Difficulty collecting compensation
  • Delays in vehicle repairs or medical treatment coverage

However, you may still be able to recover damages from the at-fault driver, especially with legal help.

What Happens If the Other Driver Is Uninsured

If the at-fault driver is uninsured, you can:

  • File a claim through your uninsured/underinsured motorist (UM/UIM) coverage
  • Pursue a personal injury lawsuit against the driver

UM/UIM coverage is optional in Georgia, but it’s highly recommended for situations like this. It helps cover:

  • Medical expenses
  • Lost wages
  • Pain and suffering

Your lawyer can also investigate whether the other driver has assets that could be used to pay a judgment.

What to Do at the Scene of the Accident

Regardless of who has insurance, here’s what to do:

  1. Call 911 and report the accident.
  2. Exchange information and take note if the other driver lacks insurance.
  3. Document the scene with photos, videos, and witness info.
  4. Seek medical attention even for minor injuries.
  5. Call an attorney as soon as possible.

How Hines Law Can Help

At Hines Law, we’ve helped hundreds of clients navigate the aftermath of accidents involving uninsured drivers. Whether you were uninsured, the other driver was, or you’re unsure who’s at fault, our legal team can help.

We’ll assess your case, explain your rights, and fight to get you the compensation you deserve. Our bilingual attorneys proudly serve the Latino community and all residents across metro Atlanta.

Frequently Asked Questions (FAQs)

Q: Can I still sue the other driver if I don’t have insurance? A: Yes, if the accident wasn’t your fault, you can still file a lawsuit. But expect extra scrutiny from the court.

Q: What if the uninsured driver gives false information? A: Police will investigate the crash. Be sure to document as much as possible and contact an attorney.

Q: Is it worth hiring a lawyer if neither driver has insurance? A: Absolutely. An attorney can help uncover other sources of compensation and protect your legal rights.

Contact Hines Law for a Free Consultation

Don’t let an insurance issue stop you from getting the help you need after a car accident. Call Hines Law today for a free consultation.

We’re available 24/7. Se habla español.

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Author

Hines

Matthew C. Hines

Matthew C. Hines founded the Hines Law Firm in 2004. During this time he has earned a reputation for his dedication to his clients and his passion for justice. Mr. Hines has been fighting for the rights of his clients for nearly fifteen years and has extensive experience handling a wide range of personal injury matters, with a focus on helping every client recover the compensation they deserve. Learn More

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