What Happens If I Get Hit By An Uninsured Driver in Athens?

All motorists in Georgia are required by law to have a minimum mandatory liability insurance. However, a significant number of drivers do not have the right coverage. They may have allowed it to expire, or they may have never purchased any in the first place. You likely pass by uninsured drivers every time you get on the road. This raises an important question: What happens if I get hit by an uninsured driver? The short answer is that you need to take immediate action to protect yourself and your rights. Here, our Athens car accident attorney explains what happens if you get hit by an uninsured driver in Georgia.

Uninsured Motorists are a Serious Problem in Georgia

Georgia consistently has an uninsured motorist rate that is higher than the national average. According to the most recent data from the Insurance Information Institute (III), nearly one in five drivers in Georgia is uninsured. For reference, that was the seventh-highest rate of uninsured drivers in the entire country in 2024. Unfortunately, motorists failing to seek the proper insurance coverage remains a serious problem in our region.

What if I Get Hit by an Uninsured Driver: Steps to Take

Step #1: Stop Your Vehicle and Exchange Information

All drivers who are involved in a crash in Georgia have a duty to stop their vehicle, exchange information, and remain at the scene of the collision unless there is a medical emergency (O.C.G.A. § 40-6-270). Even if the at-fault motorist admits they do not carry liability insurance, you should still attempt to exchange information. Among other details, you should obtain:

The driver’s name;
The driver’s address;
His or her driver’s license number; and
The vehicle registration.

Beyond that, you should ask for proof of insurance, even if they claim none exists, because a later investigation may show some form of limited coverage. If the driver refuses to cooperate, you should note their license plate number. The more details you have, the better.

Step #2: Report the Collision to Law Enforcement

All motor vehicle collisions in Georgia should be reported to local or state law enforcement. Indeed, Georgia law requires that crashes involving injury, death, or apparent property damage of $500 or more be reported (O.C.G.A. § 40-6-273). If the at-fault driver is uninsured, obtaining an official police report becomes even more critical. Among other things, the responding officer will document the scene, take statements, and verify whether the other motorist has active coverage. That report will be key evidence when you pursue an uninsured motorist (UM) claim with your insurer.

Step #3: Seek Immediate Medical Care for Any Injuries

All car accident injuries should be diagnosed, evaluated, and treated by a doctor. Regardless of whether you feel “fine” at the scene, you need to see a doctor. Getting yourself professional medical care is important for your health and well-being. It will be set up in the best position for physical and mental recovery. Many common car accident injuries in Georgia have a delayed onset. It is a big issue with concussions, back injuries, and soft tissue damage. Beyond that, you also need to see a doctor in Georgia for legal reasons. Delayed care may allow insurers to argue your injuries are unrelated to the crash. Medical records serve as crucial evidence when bringing a car accident claim.

Step #4: Notify Your Own Insurance Company

If you were hit by an uninsured driver, you must notify your own insurance company of what happened. You do not need to give a full statement (wait to get a lawyer before doing so), but you do need to provide prompt notice of the crash. There is a strong possibility that you have uninsured/underinsured motorist coverage (UM/UIM). If you carry UM coverage, you must notify your insurer promptly after the accident. Policies often include strict deadlines, and failure to report on time could result in a denial. Provide the company with the police report, medical documentation, and any evidence collected. Even though you are dealing with your own insurer, remember, they may still minimize payouts. An Athens attorney can help.

Know Your Three Paths to Seek Justice

Following a crash with an uninsured driver in Athens, victims generally have three different paths that they can walk down to seek compensation. Here is an overview of your options:

Uninsured Driver (Personal Liability): In Georgia, you can bring a direct claim against the uninsured motorist personally for damages. A negligent driver can be held personally liable for a crash that they cause, regardless of whether or not they have insurance coverage. With that being said, this path is not viable in most uninsured motorist cases. Recovery depends on the driver’s assets. Sadly, many uninsured drivers lack sufficient personal resources. That makes it difficult to collect even after securing a judgment. Wage garnishment or property liens are possible remedies, but collection is often limited.

Your Insurance Company (UM/UIM Coverage): Georgia law requires insurers offering auto policies to provide uninsured motorist coverage unless the policyholder rejects it in writing (O.C.G.A. § 33-7-11). Assuming you have the coverage, this is often your best option after a crash with an uninsured driver. If you elected coverage, you may file a UM claim with your own insurer after being hit by an uninsured driver. Two forms exist in Georgia: “reduced” and “add-on” coverage, which determine how much is available relative to the liability limits of other drivers. An Athens auto accident lawyer can help you navigate a UM/UIM claim in Georgia.

A Third Party Liability Claim (Negligence): In some cases, a third party may share legal responsibility for the crash. For example, if a bar overserved a visibly intoxicated driver, Georgia’s dram shop law (O.C.G.A. § 51-1-40) may provide a cause of action. Similarly, if defective vehicle parts or poor road maintenance contributed, claims may be brought against manufacturers or government entities. These third-party negligence claims may provide the best opportunity for meaningful recovery when the at-fault driver is uninsured.

I Was Hit By an Uninsured Driver: What Compensation Can I Get?

If you were hit by an uninsured driver in Georgia, you have the right to seek compensation for the full extent of your damages, including for any non-economic losses. However, getting a fair settlement offer can often prove to be challenging. Every option for compensation needs to be evaluated in an uninsured motorist claim in Georgia. Along with other types of damages, you may be eligible to recover compensation for:

Vehicle repairs and other property damage;
Ambulance costs and other emergency room care;
Hospital bills and other health care costs;
Physical therapy and rehabilitative treatment;
Loss of wages and loss of earning power;
Pain and suffering and mental distress;
Long-term physical disability; and
Wrongful death of a family member.

How Our Athens Auto Accident Attorney Can Help

Dealing with the aftermath of an uninsured motorist crash can be stressful and frustrating. It is normal to have a lot of questions about your rights and your options. You do not have to take on the claims process alone. At The Larrison Law Firm, we are a solutions-focused law firm that fights tirelessly to help victims secure the maximum financial compensation. Our case results show what we can do for clients, including in uninsured motorist cases. With a law office right here in Athens, our firm represents victims and families across the region, including in 30601 (Central and eastern Athens, including downtown), 30605 (Southeastern Athens, including University of Georgia’s east campus, and 30606 (Western Athens, including areas around Five Points and beyond).

Contact Our Athens Uninsured Motorist Accident Attorney Today

At The Larrison Law Firm, our Athens car accident lawyers have the knowledge, skills, and experience to handle uninsured motorist claims. If you were hit by an uninsured driver, we are more than ready to fight for your rights. Call us now or contact us online for your free, no obligation initial consultation. With an office in Athens, our team handles uninsured motorist claims and other types of car accident cases throughout the entire region in Georgia.