Uninsured/Underinsured Car Accidents in Winder

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Even minor car accidents can be stressful. There are claims to file, reports to complete, and repairs to schedule. What happens if you are involved in uninsured/underinsured car accidents in Winder? Does it mean you must cover the damages? A knowledgeable car wreck lawyer at Smith Hulsey Law could help you understand your options for pursuing compensation.

Establishing Fault

Georgia is an at-fault state for car accidents. It also follows a modified comparative fault system to determine the damages an accident victim can recover. That means 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 bear 50 percent or more responsibility for the accident. Drivers who are partially responsible may recover damages in proportion to their percentage of responsibility.

Accident victims must prove that the other driver or drivers are at fault. They must demonstrate the following:

  • Duty of Care: Drivers have a responsibility to operate their vehicles in a safe manner that prevents harm to others.
  • Breach of Duty: When motorists break traffic laws, they violate their duty of care.
  • Causation: Accident victims must prove that their damages were caused by the at-fault driver.
  • Damages: They must then establish that the accident resulted in damages.

Following uninsured/underinsured auto collisions in Winder, injured individuals should enlist the help of an attorney to gather evidence to prove liability.

Responding to an Accident

If you are in an accident, you should call 911 for emergency services. When the authorities arrive, they will attend to the injured and gather information for their report. The responding officer should ensure that all drivers exchange insurance details. If a driver does not have insurance, the police report should note the lack of insurance.

Uninsured

The police report is forwarded to the appropriate insurance companies to determine fault and potential compensation. If the at-fault driver is uninsured or underinsured, your insurance company may provide compensation up to your policy limits if you have uninsured coverage.

Otherwise, contact an experienced uninsured/underinsured car collision lawyer to pursue compensation in Winder. They could help you file a lawsuit and seek compensation. This may result in the at-fault party paying the damages with their personal assets.

Underinsured

Georgia requires car insurance; however, the minimum coverage is $25,000 for bodily injury coverage per person or up to $50,000 per accident. Drivers must have $25,000 in coverage for property repairs or replacement. If the policy is insufficient to cover the damages, accident victims can file a lawsuit to pursue compensation.

During an initial consultation, our attorneys could help explain this process and ensure you understand all avenues available for compensation.

Gathering Evidence

Although injured parties have up to two years to file a claim, prompt filing ensures that key details are not lost. Witnesses can relocate, or their memories fade. Information on traffic volumes and patterns may be difficult to recreate. Documenting the accident while the scene is fresh minimizes the risk of critical details being overlooked.

Police Reports

Law enforcement documents the accident, checking speed, braking distances, and traffic signals. They may also issue citations. Their reports should include the contact information for those involved in the accident and their insurance companies.

Witness Statements

Uninsured/underinsured car wreck victims in Winder should ask witnesses for their contact information so they can be contacted if the case goes to court. If contacted promptly, law firms can assist clients in acquiring witness statements.

Photographs and Videos

Witnesses may have photographs or videos of the accident. If so, ask them for a copy. However, accident victims should take pictures of the scene and any property damage. They should also record details, such as weather conditions, the date and time, and road conditions.

Legal counsel could help collect supporting evidence to strengthen your case and increase your chances of securing maximum compensation.

Consult a Winder Attorney About Uninsured/Underinsured Auto Crashes

Following uninsured/underinsured car accidents in Winder, victims may face many challenges. Smith Hulsey Law has helped clients minimize their stress as they pursue compensation. Don’t wait – get in touch with us today.

Smith Hulsey Law

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