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Can You Recover More Than the Auto Insurance Policy Limits in Georgia?

It’s possible to recover more than the insurance policy limits in some Georgia accident cases. If the other driver’s insurance doesn’t cover all your losses, you could sue for compensation beyond their insurance coverage. Another option is to look at your own insurance policy for extra coverage. For instance, uninsured or underinsured motorist (UM/UIM) insurance could provide additional compensation if the other driver’s policy isn’t enough to cover your losses. A Georgia car accident lawyer can help you identify all possible sources of coverage and maximize your financial recovery.

What Are the Minimum Car Insurance Requirements in Georgia?

Georgia drivers must carry minimum amounts of liability insurance, which covers other people’s injuries and property damage if they are at fault for an accident. Georgia’s minimum requirements for liability insurance coverage include:

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

However, even though this is the required amount, it may not be enough to cover all your losses after a serious accident. Since you can only recover up to the at-fault driver’s insurance policy limits, you may be left wondering what to do if your expenses exceed that amount. Thankfully, you may still have options to make up the difference. Contact our Athens car accident attorney today.

What Is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage protects you if you get into an accident with a driver who doesn’t have enough insurance to cover all your injuries or other crash-related losses. This type of coverage kicks in after you exhaust the at-fault driver’s policy limits.

For example, let’s say another driver with only the minimum liability coverage is at fault for a collision that leaves you with $50,000 in medical bills. Since the other driver’s basic insurance policy would only cover $25,000 for your injuries, you would still have $25,000 in outstanding medical expenses. If that happened, your underinsured motorist coverage would kick in to cover your remaining $25,000 in medical bills, depending on your policy limits.

UIM coverage is not mandatory in Georgia. However, insurers are required to offer it, so you should have this coverage on your insurance policy unless you rejected it. A Georgia car accident attorney can help you review your policy to determine the full extent of the coverage available after a wreck.

What Is an Umbrella Policy?

An umbrella policy provides extra liability coverage beyond the limits of the policyholder’s regular auto insurance or other policies. If someone is at fault for an accident resulting in losses that exceed their auto insurance policy limits, an umbrella policy could cover the additional costs.

Remember that an umbrella policy is additional coverage the at-fault party might carry. It is not something you can purchase to cover your own losses. Not everyone carries an umbrella policy. Drivers usually need to have higher-than-minimum auto insurance limits before they can buy one. So, if the driver only has the minimum coverage, they likely won’t have an umbrella policy to help with your expenses. However, it may come into play in some cases, such as crashes involving trucking companies.

Will You Need to File a Lawsuit Against the Driver If Their Insurance Is Not Enough to Cover Your Damages?

If the at-fault driver’s insurance isn’t enough to cover all your losses after a car accident, you might consider filing a personal injury lawsuit against them. Filing a lawsuit allows you to seek additional compensation for things like medical bills, lost wages, and property damage costs exceeding the other driver’s insurance limits. However, filing a lawsuit doesn’t guarantee you will recover more money – especially if the at-fault driver doesn’t have enough assets to cover the difference.

Before filing a lawsuit, you can work with a car accident attorney to explore other options. For instance, you can check your own insurance policy to see if you have coverage that would make up the gap between the at-fault driver’s insurance and your total losses. Still, your lawyer might suggest a lawsuit if the other driver has assets and you have exhausted all other options.

Are There Any Other Options for Recovering Your Full Damages?

If the at-fault driver’s insurance isn’t enough to cover all your losses, you have other options to recover compensation:

  • Health insurance – One option is your own health insurance, which could pay for medical bills that the driver’s insurance doesn’t cover. However, depending on your health plan, you might still be responsible for copays or deductibles.
  • Your own car insurance – You should also check your own auto insurance policy for UIM or collision coverage, which can provide extra compensation if the other driver’s insurance falls short. While collision coverage could pay for damage to your vehicle, UIM coverage can also help with medical bills and lost wages.
  • Additional at-fault parties – In some cases, additional parties could be liable for your losses. For example, if a commercial vehicle caused the accident, the company that owns the vehicle could be responsible. If a vehicle defect played a role, you might be able to pursue compensation from the manufacturer.

Exploring all possible sources of compensation can help you cover more of your total losses after an accident.

How Can a Car Accident Lawyer Help You Pursue Fair Compensation?

A Georgia car accident lawyer can help you seek fair compensation after a collision by protecting your rights and handling every aspect of the legal process. They can evaluate your case, review evidence, and calculate the full extent of your losses – including medical bills, lost wages, pain and suffering, and future expenses.

They can then negotiate with the at-fault driver’s insurance company to demand a settlement that fully covers your losses. Additionally, a lawyer can help you explore other options, such as using your own insurance coverage if the at-fault driver’s policy isn’t enough.

If the insurance companies offer less than what you deserve or deny your claim, a lawyer can represent you in court to fight for the compensation you need. They can also determine whether other parties, such as vehicle manufacturers or commercial companies, share liability for the accident. Overall, having legal support can help maximize your compensation after a car crash.

Contact an Athens, GA Car Accident Lawyer

If you’ve been in a Georgia car accident and need help pursuing fair compensation, R. Alan Cleveland, LLC is here. Our team will work hard to seek the financial recovery you deserve for your medical bills, lost wages, and more. We have recovered over $150 million in compensation for injury victims, including a $1.2 million wrongful death settlement for a car crash. Our clients call us “attentive and very helpful and polite.”

Contact us today for a free initial consultation to discuss your case and explore your options.

alan cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

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