What Happens When a Car Accident Claim Exceeds Insurance Limits in Georgia?
When your damages exceed the at-fault driver’s insurance limits, several strategies can help you recover full compensation. Georgia only requires $25,000 minimum coverage per person under O.C.G.A. Section 33-7-11, which is woefully inadequate for serious injuries.
Georgia’s Minimum Insurance Requirements
O.C.G.A. Section 33-7-11 requires: $25,000 per person bodily injury, $50,000 per accident bodily injury, $25,000 property damage. These have not been meaningfully updated in decades.
Options When Damages Exceed Limits
- Underinsured motorist (UIM) coverage: Covers the difference. Required unless rejected in writing.
- Stacking UIM policies: Multiple household or relative policies may apply
- At-fault driver’s personal assets: Real estate, investments, business interests
- Employer liability: Respondeat superior if driver was working
- Multiple liable parties: Manufacturers, road contractors, dram shop law (O.C.G.A. Section 51-1-40)
Bad Faith Insurance Obligations
An insurer that fails to settle within limits when it had the opportunity may be required to pay the entire judgment. An attorney can structure demands to leverage this.
Protecting Your UIM Rights
Do not settle without notifying your own insurer. Review your policy immediately. Remember your UIM carrier will fight your claim too.
Contact the Wetherington Law Firm
If you or a loved one were injured in a car accident in Georgia, contact the Wetherington Law Firm today for a free, confidential consultation. Our experienced attorneys have the resources and knowledge to investigate your claim, build a strong case, and fight aggressively for the full compensation you deserve. We work exclusively on contingency, meaning you pay nothing unless we win your case.
Call now: (404) 888-4444 | (404) 793-1667 | Free consultation