Paying for repairs because the other driver turned out to be uninsured
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed September 30, 2022
Legal Inquiry
Consumer Legal Issue
I was in an accident in November 2021 where the other party was at fault, but he either had no insurance or lied about having it. I had to pay to repair my car and to hire a replacement.
Attorney Answer
This is exactly what uninsured motorist coverage is for — including the hire car, which is the part most people never claim.
O.C.G.A. § 33-7-11 governs uninsured motorist coverage in Georgia. It is included in most policies unless it was declined in writing, and it responds where the at-fault driver has no insurance.
The statute sets minimum amounts of not less than $25,000 for bodily injury to one person, and $50,000 for two or more in any one accident, subject to that per-person limit.
Two practical points. First, uninsured motorist coverage can include property damage as well as injury, depending on the policy, so the repair may be claimable rather than absorbed. Second, the hire car is part of the loss of use, which is recoverable in its own right and is routinely left out of a claim because nobody asks for it.
The other route is a claim directly against the driver personally. It is legally available and practically difficult — a driver with no insurance frequently has nothing to pay a judgment with, which is why the coverage route usually matters more.
Time is the concern with a 2021 collision. Uninsured motorist claims also carry their own notice requirements under the policy, which run separately from any statutory period.
What you can do
1. Check your declarations page for uninsured motorist coverage and whether it includes property damage. 2. Open the claim with your own insurer and include the hire cost as loss of use, not just the repair. 3. Gather the repair invoice, the hire agreement and the crash report. 4. Confirm what notice your policy required for an uninsured motorist claim and when. 5. Speak to a Georgia attorney promptly, given how long ago the collision was.
⏱ Time limits apply. O.C.G.A. § 9-3-31 gives four years for damage to personal property, including a vehicle, while an injury claim under § 9-3-33 gets only two. Where both are in play the shorter one governs the part that matters most.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
What does uninsured motorist coverage pay for?
It responds where the at-fault driver has no insurance. O.C.G.A. § 33-7-11 governs it in Georgia and sets minimums of not less than $25,000 for bodily injury to one person and $50,000 for two or more, subject to the per-person limit. Depending on the policy it may also cover property damage.
Is the cost of a hire car recoverable?
Loss of use, including the reasonable cost of a replacement vehicle, is a recoverable element separate from the repair. It is frequently omitted from a claim unless it is asked for.
Can someone sue an uninsured driver personally?
It is legally available but often of limited practical use, because a driver without insurance frequently has no means to satisfy a judgment. Claiming on one's own uninsured motorist coverage is usually the more effective route.