What Is Uninsured Motorist Coverage in Georgia?

Uninsured motorist (UM) coverage is an auto insurance protection that pays for your injuries and damages when the driver who caused your accident either has no liability insurance or does not have enough insurance to cover your losses. Under Georgia law (O.C.G.A. § 33-7-11), every auto insurance company in the state must offer UM coverage to policyholders. Because Georgia has one of the highest rates of uninsured drivers in the country, UM coverage is one of the most important protections you can have on your auto insurance policy.

How Uninsured Motorist Coverage Works

UM coverage essentially steps into the shoes of the at-fault driver’s missing or insufficient insurance. When you are injured by a driver who cannot pay for your damages because they have no insurance, your UM coverage pays for your losses up to your policy limits.

Types of UM Coverage

Georgia recognizes two types of UM coverage:

• Uninsured Motorist Bodily Injury (UMBI): Covers your medical expenses, lost wages, pain and suffering, and other injury-related damages when the at-fault driver has no insurance.
• Underinsured Motorist (UIM) Coverage: Covers the gap when the at-fault driver has insurance but their policy limits are not sufficient to cover your full damages. For example, if your damages are $100,000 and the at-fault driver only has $25,000 in coverage, your UIM coverage can pay up to its limits to cover the remaining $75,000.

In Georgia, UM and UIM coverage are typically sold as a combined coverage under a single policy provision.

When UM Coverage Applies

UM coverage applies in several situations:

• The at-fault driver has no liability insurance at all
• The at-fault driver has less insurance than your damages require (underinsured)
• You are the victim of a hit-and-run accident where the at-fault driver cannot be identified
• The at-fault driver’s insurance company denies coverage (for example, if the policy was cancelled)

Georgia’s UM Coverage Requirements

Georgia law has specific rules about how UM coverage must be offered and how it can be declined.

Mandatory Offer

Under O.C.G.A. § 33-7-11, every auto insurance policy issued in Georgia must include UM coverage equal to the liability limits unless the named insured specifically rejects it in writing. This means that if your policy has $100,000 in liability coverage, your insurer must offer you $100,000 in UM coverage as well.

Written Rejection Required

You can decline UM coverage, but only by signing a written rejection. If your insurance company cannot produce a signed written rejection, Georgia courts presume that UM coverage is part of your policy by operation of law. This is an important protection, and it is worth checking with your insurer or an attorney to verify whether your policy includes UM coverage, especially if you do not remember specifically declining it.

Add-On vs. Reduced Coverage

Georgia UM coverage is “add-on” coverage, which means it is added on top of any recovery you receive from the at-fault driver’s insurance. For example, if the at-fault driver has $25,000 in coverage and you have $50,000 in UM coverage, you can potentially recover up to $75,000. However, many policies include provisions that offset the UM payment by the amount recovered from the at-fault driver’s policy, so the actual benefit depends on your specific policy language.

How to File a UM Claim in Georgia

Filing a UM claim is similar to filing a third-party liability claim, but the claim is against your own insurance company rather than the at-fault driver’s insurer.

1. Notify your insurer. Report the accident and inform your insurance company that the at-fault driver is uninsured or underinsured.
2. Provide documentation. Submit medical records, bills, proof of lost wages, and other evidence of your damages.
3. Negotiate the claim. Your insurer will evaluate your claim and make a settlement offer. Be aware that your own insurer’s interests are not aligned with yours in this situation; they will still try to minimize the payout.
4. Consider legal representation. An experienced car accident attorney can handle the UM claim on your behalf and negotiate for a fair settlement.

Important: You Can Sue Your Own Insurer

If your insurance company refuses to offer a fair settlement on your UM claim, you have the right to file a lawsuit against your own insurer. Georgia law specifically permits policyholders to bring suit against their UM carriers. In these lawsuits, the case is tried as if the at-fault driver were the defendant, and the jury determines your damages. Your insurer is then obligated to pay the judgment up to the UM policy limits.

How Much UM Coverage Should You Carry?

Given that approximately 12 percent of Georgia drivers are uninsured, carrying adequate UM coverage is one of the smartest financial decisions you can make. Here are some considerations:

• Minimum: Georgia’s minimum liability limits are $25,000 per person / $50,000 per accident. This is the minimum UM coverage that must be offered.
• Recommended: Most personal injury attorneys recommend carrying at least $100,000 / $300,000 in UM coverage. The cost difference between minimum and higher limits is often surprisingly small, typically just a few dollars per month.
• Optimal: If you can afford it, matching your UM limits to your liability limits provides the best protection. If you carry $250,000 / $500,000 in liability coverage, carrying the same in UM coverage ensures you are protected up to the same level.

UM Coverage and Hit-and-Run Accidents

Hit-and-run accidents present a unique challenge because the at-fault driver cannot be identified or located. In Georgia, your UM coverage applies to hit-and-run accidents, but there may be additional requirements. Some policies require physical contact between the vehicles, while others cover hit-and-run accidents even without contact (such as when a driver swerves to avoid a car that cut them off). Review your policy carefully or consult an attorney to understand your specific coverage.

Related Questions

• What happens if the other driver doesn’t have insurance in Georgia?
• What if the insurance company denies my claim?
• How much is my car accident case worth in Georgia?
• Do I need a lawyer for a car accident in Georgia?
• How are car accident settlements calculated?

Make Sure You Are Protected

Get a Free Case Evaluation

If you have been injured in an accident in Georgia, the experienced attorneys at Wetherington Law Firm can help you understand your legal options. We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

Call (404) 888-4444 for a free consultation. Se habla español — llame al (404) 793-1667.