Uninsured Motorist Coverage in Georgia: What Atlanta Drivers Need to Know

What Is Uninsured Motorist Coverage in Georgia?

Uninsured Motorist (UM) coverage protects you when the driver responsible for an accident has no insurance or does not have enough insurance to cover your losses.

Georgia law requires auto insurers to offer UM coverage, although drivers can reject it in writing. Depending on the policy, UM coverage can include bodily injury and property damage protection.

The two main types are:

• Uninsured Motorist Bodily Injury (UMBI): Helps cover injuries and related losses.
• Uninsured Motorist Property Damage (UMPD): Helps cover damage to your vehicle or other property.

UM coverage may help pay for medical bills, lost wages, vehicle repairs, pain and suffering, and certain other losses covered by the policy.

For example, suppose your medical expenses and other damages total $80,000, and the at-fault driver has only $25,000 in liability coverage. If you have $100,000 in applicable UM coverage, your policy may provide additional compensation for covered losses, subject to the terms of your policy and Georgia law.

Georgia's minimum liability limits are $25,000 per person and $50,000 per accident for bodily injury, along with $25,000 for property damage. Those limits may not cover the full cost of a serious accident.

How Underinsured Motorist Coverage Coordinates with MedPay

Underinsured motorist coverage can work alongside Medical Payments Coverage (MedPay) after an accident.

MedPay can help pay medical expenses regardless of who caused the accident, subject to the policy's limits and terms. Once those benefits are exhausted, UM coverage may help address additional covered losses when the at-fault driver's insurance is insufficient.

Because every policy is different, we recommend reviewing your declarations page to understand how your MedPay and UM coverage work together.

Add-On vs Reduced-By: The Georgia UM Choice That Changes Your Recovery

Georgia UM policies can use either an add-on or reduced-by structure. The distinction can affect how much coverage is available after an accident.

With add-on coverage, your UM limits are added to the at-fault driver's liability coverage, subject to the terms of your policy.

With reduced-by coverage, the amount available under your UM coverage is reduced by certain amounts paid by the at-fault driver's liability insurer.

For example, if the at-fault driver has $25,000 in liability coverage and you have $100,000 in UM coverage, the amount available to you can differ depending on whether your policy uses an add-on or reduced-by structure.

Georgia law also addresses how UM coverage applies when multiple policies or vehicles are involved. Your declarations page can help determine whether stacking is available and what limits apply.

Stacking Scenarios Explained

Stacking may allow certain UM limits from multiple vehicles or policies to be combined when the applicable requirements are met.

For example, suppose you have two vehicles, each carrying $50,000 in UM coverage. If the policies and circumstances allow stacking, you may have access to a combined $100,000 in UM coverage.

Household policies can raise similar questions. The ability to stack depends on the specific policies, insureds, and circumstances involved.

We recommend reviewing your declarations page and policy language before assuming that multiple UM limits can be combined.

What to Do If You're Hit by an Uninsured Driver in Atlanta

If an uninsured driver hits you in Atlanta, take these steps as soon as you safely can:

1. Ensure safety: Move to a safe location and check for injuries.
2. Call the police: Report the accident and request an official report.
3. Gather information: Get the other driver's information and contact details for witnesses.
4. Document the scene: Take photos of the vehicles, roadway, surrounding area, and visible injuries.
5. Seek medical attention: Get evaluated, even if you do not immediately notice symptoms.
6. Notify your insurer: Report the accident and ask about your UM coverage.
7. Contact a lawyer: Consider getting legal advice before making statements or accepting a settlement.
8. Keep records: Save medical records, bills, photographs, correspondence, and other accident-related documents.

Knowing what to do if hit by an uninsured driver in Georgia can help preserve evidence and protect your potential claim.

Hit-and-run accidents can also fall under UM coverage when the applicable requirements are met. Georgia law imposes deadlines for personal injury claims, so do not wait to determine what options may be available.

Filing an Uninsured Motorist Claim in Georgia: What the Process Looks Like

You generally file a UM claim with your own insurance company. Your insurer then evaluates the claim under the terms of your policy.

The insurer may review:

• Police reports
• Medical records and bills
• Evidence of lost income
• Photos and other accident evidence
• Witness statements
• Evidence concerning fault
• Documentation supporting the value of your claim

In a hit-and-run case, additional evidence may be required to establish that an accident occurred and support the claim. O.C.G.A. Section 33-7-11 addresses these requirements.

Your insurer may also request a recorded statement, medical authorization, or other documentation. Before providing statements or signing documents, we recommend understanding how they may affect your claim.

Georgia law also addresses deadlines and an insurer's obligations after a proper UM demand. If an insurer fails to pay without reasonable grounds, additional remedies may be available under the law.

The timeline for a UM claim varies based on the circumstances, the available evidence, the severity of the injuries, and the insurer's response. We recommend keeping copies of every document and communication throughout the process.

Can You Sue an Uninsured Driver in Georgia?

Yes. You may have the option to pursue a claim directly against an uninsured driver. The practical value of that option depends in part on whether the driver has assets or income available to satisfy a judgment.

You may also have a UM claim against your own insurer.

Georgia follows a modified comparative fault rule. Under O.C.G.A. Section 51-12-33, your recovery can be reduced based on your percentage of fault. If you are 50% or more at fault, you generally cannot recover damages.

When an accident involves an uninsured driver, we can help evaluate the available sources of compensation and determine which claims may apply.

How Many Georgia Drivers Are Uninsured or Underinsured?

The number of uninsured and underinsured drivers can make UM coverage an important consideration for Georgia motorists.

According to the Insurance Research Council, 37.3% of Georgia drivers were estimated to be underinsured in 2022. Nationally, the estimated uninsured motorist rate was 15.4% in 2023.

Those figures illustrate why an accident can leave a driver with significant expenses even when the other motorist carries some liability insurance. Medical treatment, lost income, and property damage can quickly exceed the available liability limits.

How The McPhillip Firm Handles Georgia UM Claims

At The McPhillip Firm, we help clients understand what to do if they are hit by an uninsured driver in Georgia and what options may be available under their UM coverage.

We begin by gathering the details of the accident, reviewing applicable insurance coverage, and identifying the evidence needed to support the claim. We investigate the circumstances, communicate with insurers, and work to establish the full extent of our client's losses.

When an insurer disputes liability, the severity of an injury, or the value of a claim, we are prepared to advocate for our clients through negotiation and, when appropriate, litigation.

No fee unless we win. Prior results do not guarantee a similar outcome.

Frequently Asked Questions