Uninsured Driver Hit by Insured Driver

car wreck attorney macon gaIf you were injured in a car wreck in Georgia that wasn’t your fault but were driving without insurance, can you file a lawsuit and recover money for your injuries?

Georgia law requires that every driver in Georgia carry a minimum basic auto insurance policy. The type of insurance you are required to have is liability insurance, which helps pay for the other driver’s expenses if you cause a car accident. The current minimum liability coverage amounts required in Georgia are:

$25,000 per person for Bodily Injury
$50,000 per accident for Bodily Injury
$25,000 per accident for Property Damage

Not having an active insurance policy with the minimum liability coverage can result in penalties to the uninsured driver; However, if an uninsured driver is injured in an auto accident due to someone else’s negligence, they still may be able to recover for their injuries. Regardless of whether you had insurance at the time of your injury or not, if a lawyer can prove that the accident was caused by the other driver’s negligence, then the at-fault driver’s insurance would likely cover your injuries.


There are several benefits to hiring a car wreck attorney to help with your injury claim. One such benefit is to keep you from having to deal with the insurance company’s claims adjusters. If you don’t have an attorney, insurance adjusters may use the fact that you were driving without insurance to their advantage. They may:

  • Try to take your recorded statement and use what you say against you so as to offer you a reduced settlement amount or deny your claim altogether.
  • Get you to sign a quick settlement statement for less than what your claim is really worth.
  • Have you sign a medical authorization form, which could allow them access to unrelated pre-existing medical conditions that they may try to use against you.

Instead, if you have an attorney handling your claim, adjusters will have to deal with your lawyer and not you. Any information they need or questions they have about your accident or medical treatment will be handled through your attorney. Experienced injury lawyers are familiar with the tactics used by claims adjusters and they know how to respond to an adjuster’s demands in ways that can increase the value of your claim.


When an insurance company considers whether or not to pay an injury claim, they should consider the following, not whether you were driving without insurance:

  • Who was at fault – you or the other driver, their insured?
  • The nature of your injuries – broken bones v. soft tissue damage
  • Your total medical expenses and treatments
  • Any lost income or wages that resulted from your injury
  • Mental, emotional and physical pain and suffering


If you are an uninsured driver who was injured in an accident caused by another driver then you should contact an injury attorney for help. Gautreaux Law has been recovering money for people injured in car and truck wrecks throughout the state of Georgia for over 20 years. Contact us today so we can help get you on the road to recovery. 478-238-9758 or toll-free at 888-876-6935.