What Happens If the Person at Fault in an Accident Has No Insurance in Georgia?

Georgia follows a fault-based system: the at-fault driver pays for accident damages. This contrasts with no-fault states, where a driver's insurance pays their damages, regardless of fault.

Accidents become more complex when the at-fault driver is uninsured, primarily due to the financial uncertainty it creates. Although the at-fault driver remains legally liable for damages, recovering damages in such cases can be challenging. Driving without insurance constitutes a violation under Georgia traffic violations and infractions, and it may result in penalties such as driver's license suspension, reinstatement fees, fines, and vehicle impoundment, alongside heightened exposure to civil liability.

Is It Illegal To Drive Without Insurance In Georgia?

Yes, it is illegal to drive with no insurance in Georgia. Georgia law (O.C.G.A. § 40-6-10) requires all drivers to have minimum liability insurance (or an approved alternative, such as self-insurance) on any motor vehicle operated on public roads. Drivers must also possess proof of insurance, either on paper or electronically, while driving. Drivers caught violating the law may face these penalties:

• Fines up to $1,000
• Vehicle registration and license suspension
• Reinstatement fees ranging from $60 to $160 (depending on circumstances)
• Possible jail time
• Filing an SR-22 certificate

What Is the Minimum Insurance Requirement in Georgia?

The minimum insurance coverage prescribed by Georgia law is liability insurance with the following limits:

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

This is often referred to as the 25/50/25 policy. These limits ensure compensation for injuries or damages a driver may cause to others. Drivers can also opt for higher coverage amounts, which many do to protect themselves better.

What To Do After A Car Accident With an Uninsured Driver in Georgia

If a person gets into a car crash involving an uninsured driver, it is critical to act quickly and follow the necessary steps to help facilitate compensation. Here are some steps individuals can follow if they find themselves in such a situation:

• Contact the Police: Under O.C.G.A. § 40-6-273, it is mandatory to inform law enforcement of any accident that causes injury, death, or property damage exceeding $500. Filing a police report may prove useful when making an insurance or legal claim.
• Document the Scene: Individuals should obtain all possible information about the uninsured driver, including their contact details, vehicle information, and any witness statements. They should also take photos of the accident scene, vehicle damage, and any injuries.
• Contact the Insurance Company: Drivers should immediately inform their insurance company if they have an accident with an at-fault uninsured driver and they have Uninsured Motorist (UM) coverage. If a claim is approved, the insurance company may cover medical expenses, lost wages, and pain and suffering.
• Fill a Personal Report of Accident Form: Drivers may complete a Personal Report of Accident (SR-13) Form within 10 days of an accident they are involved in. Unlike some states, Georgia does not require personal reporting of accidents, as it is the responsibility of law enforcement. Filing a personal accident form may only become necessary when law enforcement does not arrive to document the scene. The form is for personal record and should not be submitted to law enforcement or the Department of Driver Services (DDS), as it will be purged. It can come in handy for insurance and legal purposes.

Individuals should also seek immediate medical attention upon sustaining injuries and be careful to keep records of the injuries and treatment.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Georgia is a fault-based (tort) state, meaning an uninsured driver is not disqualified from seeking compensation from an accident where the other driver is at fault. Being uninsured is a separate criminal offense, but it does not eliminate the driver's right to recover damages from the other driver's insurance. Hence, drivers can pursue compensation if they believe the other driver is at fault, even without insurance.

Can I Sue an Uninsured Driver in Georgia?

Yes. Individuals have the right to sue an uninsured driver at fault for an accident in Georgia, particularly if the accident caused them injuries or losses. For damages up to $15,000, the lawsuit can be filed in the Magistrate Court. The State Court and Superior Court have jurisdiction over damages that exceed $15,000.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Georgia?

Yes, if covered by the correct type of insurance. In Georgia, the insurance coverage applicable when the at-fault driver has no insurance is Uninsured Motorist (UM) coverage, along with optional coverages such as Uninsured Motorist Property Damage (UMPD) and Medical Payments (MedPay). UM coverage protects against bodily injury from uninsured at-fault drivers, while UMPD and MedPay add further financial protection.

What Is Uninsured Motorist Coverage in Georgia?

Uninsured motorist coverage in Georgia is an auto insurance provision intended to protect policyholders when an at-fault driver is without insurance or is a hit-and-run driver. All automobile insurers are required to offer this coverage (including Uninsured Motorist Property Damage) under O.C.G.A. § 33-7-11 to policyholders. Drivers who do not want the coverage can reject it in writing. The UM limits must mirror the insured's liability limits (minimum $25,000 per person and $50,000 per accident for bodily injury).

UM coverage comes into effect when the at-fault driver has no insurance at all, or the insurance is insufficient to cover bodily injuries or property damage. The coverage protects individuals by paying medical expenses and pain and suffering that exceed or are unaddressed by the at-fault driver's insurance.

What If I Don't Have Uninsured Motorist Coverage in Georgia?

UM coverage in Georgia is optional, so policyholders are not required to have it, and may seek alternatives if they desire. However, these alternatives are limited, and one may need legal action to recover damages after a collision. Individuals may also apply to the Georgia Crime Victims Compensation Fund if the accident is a hit-and-run, related to a DUI, or if the driver is criminally charged. The fund may cover medical expenses and lost wages, but it may not cover property damage, such as vehicle repair.

How Do I Get Compensation from an Uninsured Driver in Georgia?

Compensation from an uninsured driver in Georgia may require filing a civil lawsuit. The injured party must prepare and file a formal complaint with the appropriate court, clearly stating the basis for the claim and the damages suffered. Once the complaint is filed, the defendant must be served. Both parties will also be allowed to engage in discovery to gather evidence under rules laid out by O.C.G.A. § 9-11-26 to § 9-11-37. During the trial, the presiding judge will examine the evidence provided by both parties before issuing a judgment granting or denying the plaintiff's request. It is also possible to get the judge to issue a judgment without a trial if the defendant does not respond or appear in court (O.C.G.A. § 9-11-55).

How Much Can You Recover From an Uninsured At-Fault Driver in Georgia?

There is no statutory cap on compensatory amounts for damages caused by an at-fault uninsured driver in Georgia. However, some limitations may apply based on:

• Court jurisdiction (e.g., magistrate court cases are limited to $15,000)
• The defendant's financial situation, which may restrict actual collection even with a court judgment

How To Find Out If the At-Fault Driver Has Insurance in Georgia

There are several ways to verify if an at-fault driver in Georgia has insurance. These include

• Reviewing Police Reports: Accidents involving injury, death, or property damage above $500 must be reported to the police in Georgia. These reports typically include insurance information for all drivers involved, as collected by law enforcement at the scene.

• Requesting the Crash Report from GDOT: The Georgia Department of Transportation maintains crash reports accessible to the public. Interested persons can request a report by submitting the Accident Report Request Form along with payment to the DOT. Below is the DOT's mailing address:

  Georgia Department of Transportation
  935 United Avenue Southeast, Building 24
  Atlanta, GA, 30316

Each crash report requested costs $5, with an additional $2 for each certified copy.

• Search the Georgia DOR e-Service Portal: Individuals can verify a vehicle's insurance status by searching the Georgia Department of Revenue e-Service Status Lookup portal. A status lookup can be made using the license plate digits or the Vehicle Identification Number (VIN).
• Using Discovery Tools During Litigation: If the at-fault driver is sued in court, the plaintiff can use discovery tools, such as interrogatories or depositions, to obtain information about the defendant's insurance status.

Are Accidents Public Record in Georgia?

Accidents in Georgia generate various records, such as police crash reports, court records, and DMV data, many of which are considered public records under the Georgia Open Records Act. Access generally depends on the type of record.

Police crash reports are not open to the general public but can be accessed by individuals involved in the accident, their attorneys, or insurers. If an accident leads to a lawsuit, court records are usually public unless sealed and can be accessed through the clerk's office or online court portals. DMV motor vehicle registration and driver history are exempt from public disclosure in Georgia and protected by the Driver's Privacy Protection Act (DPPA). DMV data is a consolidation of data obtained from the state's Department of Driver Services (DDS) and Department of Revenue (DOR).

Can You Go to Jail for Causing an Accident Without Insurance in Georgia?

Yes. Jail time is a potential penalty for causing an accident, being caught driving without insurance, or causing an accident while uninsured in Georgia. Under O.C.G.A. § 40-6-10, driving without the minimum required insurance is classified as a misdemeanor offense, and penalties could include up to 12 months in jail. However, incarceration is more common for repeat offenders.

Can You Settle With an Uninsured Driver Out of Court in Georgia?

Yes. Settling with an uninsured driver out of court is a common and legal practice in Georgia. Such out-of-court settlements are generally binding, provided they are documented in a written settlement agreement that meets the requirements of Georgia contract law (O.C.G.A. § 13-1-1 et seq.).

Can I Get Compensation If I Was Partially at Fault?

Yes. Georgia follows the modified comparative fault rule, under which a claimant who is partially at fault for an accident can recover damages if their share of fault is less than 50%. If their share of the fault is 50% or more, they are barred from recovering damages.