Being involved in a crash with an uninsured motorist can be stressful and confusing. If the other driver involved lacks insurance, many people assume liability falls squarely on that person. However, under certain circumstances, the victim of an uninsured driver’s negligence could still be held partially or even fully liable for the accident, depending on how it occurred and what the evidence shows.
Georgia drivers are required to carry minimum liability insurance, but many also choose to carry uninsured motorist (UM) coverage. UM insurance can help you recover medical expenses, lost wages, and even pain and suffering if an at-fault driver cannot pay damages for the harm they’ve caused you due to their lack of coverage. If you don’t have this coverage, your options for compensation are more limited, and you may have to explore alternative options for compensation with a skilled legal team.
What if you are partially to blame?
It’s also possible to face a lawsuit from the other driver—even if they are uninsured—if they allege that you caused or contributed to the crash. While their lack of insurance may hurt their credibility, it doesn’t prevent them from taking legal action. Your liability will depend on the evidence, not the other driver’s insurance status.
Georgia follows a modified comparative fault system. If you have recently been involved in an accident with an uninsured driver, that could impact you if you were even partially at fault for your own harm. If you are found to be 50 percent or more at fault for a crash, you cannot recover damages from the other party—even if they were uninsured. If you’re less than 50 percent at fault, your compensation will be reduced by your percentage of responsibility. So, even if the other driver broke the law by failing to carry insurance, your own actions before or during the crash will be closely scrutinized.
Let’s say you were rear-ended by an uninsured motorist. In most cases, the other driver would be considered at fault. But if you had brake lights that were out or made a sudden, unsafe stop, you might share some blame. If a police report or eyewitness testimony supports that view, it could affect how your own insurance company handles your claim.
To protect yourself after a crash involving an uninsured driver, seek legal guidance right away. Crashes with uninsured motorists are complex, but legal guidance and support can make the process more manageable.