What Happens If the At-Fault Driver Doesn’t Have Insurance in Georgia?

By Kevin Patrick|December 30, 2025|Articles

Getting into a car accident is stressful enough. Finding out the at-fault driver doesn’t have insurance can make the situation even more overwhelming—especially when medical bills, lost income, and vehicle repairs start piling up.

At Kevin Patrick Law, this is a situation we see far too often across Georgia. Uninsured drivers are not rare, and when they cause serious injuries, the legal and insurance issues can quickly become complicated.

The good news is that Georgia law still provides options for recovery—but the steps you take next matter.


Is Car Insurance Required in Georgia?

Yes. Georgia law requires drivers to carry minimum liability insurance, including:

  • $25,000 for bodily injury per person

  • $50,000 for bodily injury per accident

  • $25,000 for property damage

(See O.C.G.A. § 33-7-11)

When a driver ignores this requirement and causes a crash, it often shifts the financial burden to the injured person—unless the right insurance coverage and legal strategy are in place.


Step One: Confirm the Other Driver Is Truly Uninsured

One of the first things a lawyer will do is verify whether the at-fault driver is actually uninsured. In many cases, coverage exists through:

  • A different vehicle on the policy

  • A household family member

  • An employer or commercial policy

Kevin Patrick, a Georgia trial lawyer, regularly investigates these issues early to avoid leaving coverage on the table.


Option 1: Uninsured Motorist (UM) Coverage in Georgia

If you carry Uninsured Motorist (UM) coverage, it is often the most effective way to recover compensation after an accident with an uninsured driver.

What UM Coverage Can Pay For

UM coverage may compensate you for:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Future medical treatment

  • Long-term or permanent injuries

Georgia insurers are required to offer UM coverage, but many drivers unknowingly reject it or choose limited forms of protection.


Add-On vs. Reduced UM Coverage

Georgia allows two forms of UM coverage, and the difference is critical:

Add-On UM Coverage

  • Stacks on top of other available coverage

  • Provides broader financial protection

  • Often results in significantly higher recoveries

Reduced UM Coverage

  • Offsets any liability coverage

  • Offers more limited compensation

At Kevin Patrick Law, we frequently see cases where understanding this distinction changes the value of a claim by tens—or even hundreds—of thousands of dollars.


Filing a Claim With Your Own Insurance Company

Many people are hesitant to file a UM claim because it involves their own insurer. However, when you are not at fault, using UM coverage should not be treated like an at-fault claim under Georgia law.

That said, insurance companies often still:

  • Dispute the severity of injuries

  • Question medical treatment

  • Minimize pain and suffering

This is where having a trial-focused law firm matters. Even though it is your policy, your insurer may still defend the claim aggressively.


Can You Sue the Uninsured Driver Directly?

Yes, but this option has limitations.

Most uninsured drivers:

  • Have few assets

  • Cannot pay significant judgments

  • May file bankruptcy

A lawsuit may still be necessary to:

  • Preserve your legal rights

  • Trigger UM coverage

  • Establish fault formally

An experienced Georgia car accident lawyer can help determine whether this strategy makes sense in your case.


What If You Don’t Have UM Coverage?

If you rejected UM coverage, recovery options may be limited to:

  • Medical payments (MedPay) coverage

  • Health insurance

  • A direct claim against the at-fault driver

This is one of the most difficult scenarios injury victims face—and one Kevin Patrick Law helps clients navigate with a focus on minimizing long-term financial damage.


What to Do After an Accident With an Uninsured Driver

To protect your claim:

  1. Call the police and obtain an accident report

  2. Seek medical treatment immediately

  3. Avoid giving recorded statements without legal advice

  4. Notify your insurer promptly

  5. Speak with a Georgia car accident lawyer as early as possible

Early decisions often determine the success of the case.


Why Experience Matters in Uninsured Driver Cases

Uninsured motorist claims are more complex than standard car accident cases. They often involve:

  • Strict notice requirements

  • Policy interpretation disputes

  • Coverage stacking issues

  • Insurance company resistance

At Kevin Patrick Law, the focus is not just on filing claims—but on preparing cases as if they will be tried, which often leads to better settlements.


Talk With Kevin Patrick Law About Your Options

If you were injured by an uninsured driver in Georgia, you may still have a path to recovery. Understanding your insurance coverage and legal rights early can make a substantial difference.

Kevin Patrick Law represents injured Georgians with a trial-ready approach and a commitment to protecting clients when insurance companies push back.

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