Uninsured/Underinsured Car Accidents in Clarkesville

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Although Georgia requires all motorists to carry accident insurance, not every driver does. If you are involved in uninsured/underinsured car accidents in Clarkesville, does that mean you must cover the costs even if the accident is not your fault? A motor vehicle collision attorney at Smith Hulsey Law could review your case and discuss options for pursuing compensation.

Step 1: Establishing Fault

Georgia is an at-fault state for car crashes. It requires that accident victims prove that the other driver was at fault. The state also uses a modified comparative fault system to determine the damages an accident victim can recover.

The responsible driver is financially liable for the other driver’s damages. However, the modified comparative fault system prevents individuals from recovering damages if they are more than 50 percent responsible for the accident. However, if they are less than 50% responsible, they may recover damages in proportion to their percentage of responsibility.

Accident victims must demonstrate the following:

  • Duty of Care: Every driver has a legal obligation to drive safely and follow the rules of the road.
  • Breach of Duty: Failing to follow traffic laws or driving recklessly breaks that obligation.
  • Causation: The injured party must show that the driver’s actions directly led to the crash.
  • Damages: Finally, they need to prove that the accident caused actual harm.

A skilled Clarkesville lawyer from Smith Hulsey Law could help uninsured/underinsured car collision victims establish negligence on the part of the at-fault driver.

Step 2: What To Do at an Accident Scene

Following an uninsured/underinsured auto crash in Clarkesville, a person’s first step should be to call 911 for emergency services. Even if no one appears to be seriously injured, it is advisable to have everyone assessed by first responders. When law enforcement arrives, they will gather information for their report and ensure drivers exchange insurance details. The police report should note if a driver does not have insurance.

Step 3: Gathering Evidence

Evidence is crucial to establishing fault in a car crash. If accident victims wait until the two-year statute of limitations is almost up, collecting evidence may be challenging. Documenting the accident as promptly as possible minimizes the risk of critical details being overlooked.

Police Reports

The responding officers document the crash. They may check speed limits, braking distances, and traffic signals. They may issue citations, especially if a driver has no insurance. Their reports include the contact information for those involved in the accident and their insurance companies. Most police reports are automatically sent to the appropriate insurance carriers.

Witness Statements

If feasible, accident victims should request contact information from any witnesses. Attorneys can use the details to gather witness statements to support client testimony. The statements provide different perspectives and may highlight details that might otherwise be overlooked.

Photographs and Videos

Witnesses may provide more than written or verbal statements. They may have photographs or videos of the accident. However, crash victims should not rely on bystanders. They should take pictures of the scene and any property damage.

A Clarkesville attorney with experience handling uninsured/underinsured auto wrecks could help you gather the evidence you need to build a strong case.

Step 4: What if the Driver is Un- or Under-Insured?

Georgia requires minimum car accident coverage of $25,000 for bodily injury per person or up to $50,000 per collision. Drivers must also carry $25,000 for property repairs or replacement. If the at-fault driver is underinsured, Clarkesville car accident victims with uninsured driver protection coverage may receive compensation up to their policy limits. They may also contact an attorney to discuss filing a lawsuit to recover damages from the at-fault driver.

Contact a Clarkesville Lawyer After an Uninsured/Underinsured Car Wreck

Uninsured/underinsured car accidents in Clarkesville can increase the stress that accident victims face as they try to recover damages, schedule repairs, and address injuries. Smith Hulsey Law has helped clients minimize their anxiety as they pursue compensation. Get in touch with us today.

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