Underinsured motorist claim representation on a contingency basis. No attorney fees unless we recover compensation for you.
If you were injured in a Marietta crash and the at-fault driver’s insurance falls short of your losses, the underinsured motorist coverage on your own policy may provide the additional recovery you need. It applies once the responsible driver’s limits are exhausted, covering some or all of the difference between what they can pay and what your injuries actually cost. Our Marietta, GA underinsured motorist claim lawyer at Johnson & Alday, LLC can locate every layer of coverage that applies and pursue each one. Call our office to schedule a free case review.
Underinsured Motorist Claim Lawyer Marietta, GA
An underinsured motorist claim arises when the at-fault driver carries insurance, but the policy limits are insufficient to cover the full extent of the harm. Your own coverage then makes up some or all of the difference between their limits and the losses you have incurred. Without this protection, you would have no recourse for the portion of your losses that the at-fault driver’s policy fails to cover.
Picture a collision that leaves you with $150,000 in losses and an at-fault driver insured for only $50,000. The first policy pays its limit and stops. Underinsured motorist coverage on your own policy can be used to cover the shortfall. Determining how much coverage is available and in what order policies respond requires careful analysis.
Types of Underinsured Motorist Cases We Handle in Marietta
Minimum-limits drivers cause harm well beyond what their policies will pay. The case types below are the ones most likely to put a client in that position, and the work on each begins with mapping the coverage that is actually available.
- Rear-end collisions. A rear-end crash can produce lasting spinal and soft-tissue injuries that easily outrun a minimum-limits policy. We identify the additional coverage that can carry the rest of your losses.
- Head-on collisions. Injuries from a head-on impact are often catastrophic, and a single liability policy rarely covers them. We pursue underinsured coverage to bridge the distance between the primary limits and the full cost of recovery.
- T-bone accidents. A driver who fails to yield at an intersection may be insured for very little. We document the full scope of your injuries so that no available coverage goes unclaimed.
- Side-impact accidents. Side collisions can cause serious harm even at moderate speeds. We total the actual cost of treatment and recovery, then match it against every policy that applies.
- Multi-vehicle pileups. With several drivers involved, the available insurance can be split many ways and exhausted quickly. We track each policy and pursue underinsured coverage when the primary limits run dry.
- Pedestrian accidents. When a person on foot is hit by a driver with low limits, medical bills can run far beyond what the at-fault policy will pay. The pedestrian’s own auto coverage often fills that gap, even though the crash did not involve their vehicle.
- Motorcycle accidents. Severe road rash, fractures, and traumatic brain injuries are common in motorcycle crashes, and the at-fault driver’s policy rarely scales to those losses. Our attorneys bring every layer of coverage into the claim and document the case for full recovery.
- Truck accidents. An 18-wheeler or delivery vehicle can produce damages well past any single policy’s reach. Multiple coverage layers may apply across the driver, the carrier, and the cargo, and we trace each one through to the source.
- Wrongful death. Families who lose a loved one to an underinsured driver are often left with medical and funeral expenses that the at-fault policy cannot begin to cover. Additional layers of coverage may help close that gap, and our attorneys handle the claim from start to finish for the family.
Why Choose Johnson & Alday, LLC for Underinsured Motorist Claims in Marietta, GA?
These claims often pit you against your own carrier over the size of the gap. The firm brings two things to that work.
Knowledge of How Insurers Calculate
The firm has spent four decades representing injured people in Cobb County, but the path each attorney took to that work included substantial time on the defense side. Bryan Janflone handled liability and workers’ compensation matters for insurance carriers earlier in his career. John Alday was a partner at a defense firm serving one of the country’s largest insurers, after working as a staff attorney for a chief judge of the Cobb County State Court. The two of them know what a UIM valuation looks like from inside a carrier’s office. A car accident lawyer in Marietta, GA with that vantage point can negotiate on equal footing with the insurer reviewing your claim.
Results That Speak to Experience
Bryan earned his J.D. cum laude from Georgia State University College of Law, served on Law Review and Moot Court, and has been recognized as a Super Lawyers Rising Star since 2023. John graduated cum laude from the University of Georgia School of Law, holds a certification as a Georgia mediator, and has been named a Super Lawyer every year since 2021. Both belong to the Georgia Trial Lawyers Association. The firm has recovered millions of dollars for injured clients across Cobb County and the surrounding area, including in claims that proceeded to trial when the insurer refused to settle for a fair amount.
What Is Important to Understand About an Underinsured Motorist Case?
Damages, Liability, and Compensation for Underinsured Motorist Cases
An underinsured motorist claim is meant to cover what the at-fault driver’s policy could not. The compensation available through it generally includes several categories.
- Medical bills that exceed what the at-fault driver’s policy can pay, including surgery, rehabilitation, and long-term care.
- Lost wages and reduced earning capacity that an undersized liability policy left uncovered.
- Compensation for physical and emotional harm that no liability limit was sized to address.
- Vehicle damage and other property losses, where the primary coverage stops short.
Underinsured coverage does not pay simply because a claim is filed. The negligent driver’s responsibility must be established with evidence, the full extent of your losses must be calculated, and the case must demonstrate why the primary policy could not handle them.
Beyond the at-fault driver’s policy and your own, there may be additional layers worth examining. UIM coverage held by family members in the same household can sometimes stack with your own, increasing the total pool available. Identifying those layers early often reshapes how a claim is built.
What Are Important Aspects of an Underinsured Motorist Case?
These claims hinge on coverage math as much as on the crash itself. The work below shapes whether that math comes out in your favor.
- Confirming the at-fault driver’s liability limits, which sets the size of the gap.
- Reviewing your own policy to learn the type and amount of underinsured coverage available to you.
- Valuing your injuries fully, since an undervalued claim leaves money unclaimed.
- Following notice rules, because underinsured coverage carries its own conditions and deadlines.
What Is the Underinsured Motorist Case Timeline?
Underinsured motorist claims unfold in a specific sequence. The primary liability policy must usually be exhausted before your own carrier’s UIM coverage is reached, which means there are essentially two claims that must be settled in the right order.
- Coverage investigation, including the at-fault driver’s policy limits and every layer of available underinsured coverage.
- Medical care until your condition stabilizes.
- A demand against the at-fault driver’s primary policy, which must usually be paid out before underinsured coverage can be triggered.
- A separate demand on the underinsured carrier once the primary policy has paid its limit.
- Negotiation and litigation if the underinsured carrier will not pay what is owed.
What Should You Bring to Your Underinsured Motorist Consultation?
Bring whatever you can find. Missing documents will not stop the consultation, but the items below help us read the coverage picture quickly.
- Your auto insurance policy and declarations page, with the underinsured motorist endorsement if you can locate it.
- Whatever you know about the at-fault driver’s policy and limits, including any letter from their insurer.
- The crash report and photographs from the scene.
- Medical records and bills connected to your injuries.
You will leave the meeting with a grounded read on the coverage available to you and a realistic sense of what the claim may be worth. There is no charge for the consultation, and meeting with a lawyer before any deadline closes in keeps every option on the table.
What Are Important Georgia Legal Resources for Underinsured Motorist Cases?
Underinsured motorist claims sit on top of standard Georgia personal injury law, which sets the deadlines, fault rules, and damages categories that govern any crash claim. The resources below help you verify how those rules apply.
- The official Georgia Code, maintained by the Georgia General Assembly, contains the statutes governing injury claims.
- Georgia generally allows two years to file a personal injury lawsuit under O.C.G.A. § 9-3-33, measured from the date of the crash.
- O.C.G.A. § 51-12-33 sets out Georgia’s modified comparative negligence rule, which lowers or eliminates recovery based on a plaintiff’s percentage of fault.
- The Georgia Office of Insurance offers guidance for drivers on auto insurance coverage and consumer protections.
- The National Association of Insurance Commissioners publishes auto insurance information for consumers, including coverage of underinsured motorist policies.
- Crash trends and motor vehicle injury figures are tracked through NHTSA crash data.
Reach Out to Johnson & Alday, LLC to Schedule a Consultation
The gap between an at-fault driver’s policy limits and the true cost of your recovery is what underinsured motorist coverage was built to close. Closing it takes a careful read of every policy in play and a full valuation of what you lost. Our attorneys handle that work on a contingency basis, with no attorney fees unless we recover for you. Contact us to schedule a free consultation.