What Happens If You're in a Car Accident and the At-Fault Driver Has No Insurance?

At Jarrett & Price, we represent individuals and families throughout Georgia who have been seriously injured in auto accidents. One of the most difficult conversations we ever have with a client is when we have to tell them that the at-fault driver doesn’t have insurance—or doesn’t have enough insurance—and there’s no additional coverage to pursue.Unfortunately, this situation is more common than you might think.

Georgia Has a Problem with Uninsured and Underinsured Drivers

Despite Georgia law requiring all drivers to carry liability insurance, many people either drive without insurance or carry only the state minimum limits. Georgia’s minimum liability limits are currently just $25,000 per person and $50,000 per accident. In a serious collision, this doesn’t go far.

Some drivers don’t have any insurance at all. Others may have let their policies lapse or may be using fraudulent insurance cards. If you’re injured by a driver like this, you could be left with tens of thousands of dollars—or more—in medical bills, lost wages, and pain and suffering with no clear way to recover what you’re owed.

What Are Your Options If the At-Fault Driver Has No Insurance?

If the at-fault driver has no insurance and no personal assets, your options to recover compensation are extremely limited. In most cases, a civil judgment against an uninsured driver is essentially worthless—they simply don’t have the resources to pay.

That’s where your own insurance can save you—if you have the right kind.

The Importance of Uninsured/Underinsured Motorist Coverage (UM/UIM)

Uninsured/Underinsured Motorist (UM/UIM) coverage is designed to protect you in exactly these situations. It steps in to cover your damages when the at-fault driver either has no insurance or doesn’t have enough to fully compensate you for your losses.

In Georgia, insurance companies are required to offer UM coverage when you purchase a policy—but you are not required to buy it. Too often, people reject this coverage to save a few dollars a month without realizing the financial risk they’re taking.

At Jarrett & Price, we always strongly encourage our clients, friends, and family members to carry UM/UIM coverage—preferably in an amount equal to their liability limits. Here’s why:

Real Scenarios Where UM Coverage Makes a Difference

A distracted driver with no insurance rear-ends your vehicle at a stoplight. Your medical bills total $45,000 and you miss two months of work. Without UM coverage, you’re stuck with the financial burden. With it, you can file a claim through your own policy.
You’re hit by a driver carrying only Georgia’s $25,000 minimum liability policy. But your injuries require surgery and long-term physical therapy. Your damages are closer to $100,000. Without UIM, you’re limited to that $25,000. With UIM, your own policy can cover the shortfall.
A hit-and-run driver leaves the scene and is never identified. If you don’t have UM, you may have no avenue for recovery. But UM typically covers hit-and-run cases as if the at-fault driver had no insurance.

Don’t Rely on Other Drivers to Protect You

One of the biggest misconceptions people have is assuming that everyone else on the road is properly insured. But as injury lawyers who handle cases every day across Georgia—from Pooler to Savannah to Atlanta—we know the reality is far different.

It’s not just about protecting yourself from negligent drivers. It’s about protecting your family, your financial stability, and your future.

What Type of UM Coverage Should You Get?

In Georgia, you can choose between two types of UM coverage:

Reduced-by coverage – Your UM limits are reduced by whatever the at-fault driver’s policy pays.
Add-on coverage – Your UM limits stack on top of the at-fault driver’s liability coverage, offering the maximum protection.

We always recommend add-on UM coverage. It costs a little more, but the difference it can make in a serious accident is enormous.

Talk to Your Insurance Agent—Before It’s Too Late

If you’re not sure what kind of UM coverage you have—or whether you have any at all—call your insurance agent today. It’s a small investment that could make all the difference if the unexpected happens.

And if you’ve been injured in a car accident in Georgia, even if the at-fault driver didn’t have insurance, contact Jarrett & Price for consultation. We’ll help you review your options and fight to get you every dollar you’re entitled to.

What Happens If You’re in a Car Accident and the At-Fault Driver Has No Insurance?