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Uninsured Motorist Claims in Georgia

Protection When Coverage Is Limited

Get the facts on uninsured motorist claims in Georgia. Learn how to protect yourself and navigate claims effectively. Contact us today for a free consultation.

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How Uninsured Motorist Insurance Can Help

Georgia law requires all drivers to have liability insurance to drive on roads and highways. This auto insurance policy protects drivers from financial liability for traffic accidents. However, it isn’t uncommon to come across an uninsured motorist (UM), intentionally or not. In such cases, those injured in motor vehicle accidents may be left with costly medical bills and other damages.

This is where Georgia’s uninsured motorist benefits come into play. This insurance coverage may help when the at-fault driver is uninsured or underinsured. To recover compensation for their damages, injured parties may file a claim with their own insurance company instead of the at-fault driver’s.

Are you thinking of filing an uninsured motorist claim? This guide explains what to expect when filing an uninsured motorist claim in Georgia. Because every situation is different, personalized legal guidance may help you understand your options and how to pursue compensation.

How Uninsured Motorist Insurance Helps Road Users
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What Is Uninsured Motorist Coverage?

 

While traffic accidents are always unexpected, the rate at which they occur makes it necessary to be prepared for all scenarios. One such scenario is being hit by an uninsured motorist or being involved in a hit-and-run.

Georgia requires insurance companies to offer uninsured motorist coverage, though drivers may reject that coverage in writing. This insurance package protects motorists in an accident involving an uninsured or underinsured motorist. It helps the injured party recover compensation for damages when the at-fault driver lacks sufficient coverage.

Usually, the at-fault driver’s insurance company is liable for paying the injured party for the injuries and damages they sustain. When the at-fault party doesn’t have liability insurance, the injured person must find alternative compensation methods.

Among the available options is UM coverage. This optional insurance coverage is not required by law, but drivers purchase it to protect themselves from damages caused by uninsured motorists.

Who Is Considered Insured Under UM Coverage?

 

Uninsured motorist insurance doesn’t only protect the policyholder. Depending on how the policy is written, it can also extend to:

  • Resident relatives: Family members who live in your household, even if they’re not listed on the policy.
  • Passengers: People riding in your vehicle at the time of the accident.
  • Permitted drivers: Someone using your car with your consent, like a friend or neighbor.

Always review the definitions section of your policy to understand who qualifies for coverage under the policy. Courts generally interpret this language strictly, so small wording differences can affect who gets covered.

Types of Uninsured Motor Vehicle Coverage

 

Here are the types of uninsured motorist coverage in Georgia:

  • Uninsured Motorist Bodily Injury (UMBI): UMBI provides compensation for bodily injuries you and your passengers sustain in a motor accident involving an uninsured driver.
  • Uninsured Motorist Property Damage (UMPD): UMPD provides compensation for damage to your motor vehicle.

It’s important to note that UMPD is different from collision coverage. Collision coverage will pay to fix your car regardless of who is at fault, while UMPD only kicks in if the other driver doesn’t have insurance.

Some states require UM coverage, while others make it optional. It’s always a good idea to check with your insurance agent to see the requirements in your state and discuss if UM coverage is right for you.

Understanding Excess vs. Difference-in-Limits UM Coverage

 

In Georgia, uninsured motorist (UM) coverage comes with another layer you should understand. It affects how your coverage pays out when the at-fault driver has some insurance, but not enough. This is where the terms “Excess” and “Difference-in-Limits” come in.

While UMBI and UMPD define what your policy covers, such as bodily injury or property damage, Excess and Difference-in-Limits describe how much your insurer will pay if the at-fault driver is underinsured.

Difference-in-Limits (DIL) Coverage

This is the default type of UM coverage in Georgia if you do not select otherwise in writing.

With DIL, your UM carrier only pays the difference between your UM limits and whatever the at-fault driver’s liability policy covers.

Example:
You carry $100,000 in UMBI coverage.
The at-fault driver has $50,000 in liability coverage.
Your insurer would pay a maximum of $50,000, not the full $100,000.

This approach limits what you can recover but usually comes with a lower premium.

Excess UM Coverage

With Excess coverage, your UM policy stacks on top of the at-fault driver’s liability limits.

Example:
You carry $100,000 in UMBI.
The at-fault driver has $50,000 in liability coverage.
You could potentially recover up to $150,000 total—$50,000 from the at-fault party and $100,000 from your insurer.

Excess coverage offers stronger financial protection, especially in cases involving serious injury, but it may cost more in premiums.

Pros and Cons

Type Pros Cons
Difference-in-Limits Lower premiums Lower payout in serious accidents
Excess Higher total compensation available Higher premiums

Choosing Between the Two

Under O.C.G.A. § 33-7-11, Georgia law allows you to select either option, but your decision must be made in writing. If you do not make a selection, the law defaults to Difference-in-Limits.

It’s a good idea to review your policy documents and speak with your agent or attorney to make sure your UM coverage matches your financial needs and risk tolerance.

Why You Need Uninsured Motorist Coverage

According to the Insurance Information Institute, an estimated 19.0% of motorists in Georgia are uninsured. Getting into an accident with one of these drivers can place you in a difficult financial situation.

Accidents often cause injuries ranging from mild to life-threatening, and the more severe an injury, the higher the financial burden. Damages sustained by injured parties in motor vehicle accidents may include:

  • Medical bills
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Property damage
  • Emotional anguish
  • And more

When the liable party does not have an insurance policy to pay for these damages, the financial burden may fall on you. Consider opting for reasonable uninsured motorist coverage to help avoid such a scenario.

Georgia Liability Laws
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Georgia Liability Laws

Under Georgia law, motorists must maintain minimum liability insurance coverage of:

  • $25,000 for bodily injury per person
  • $50,000 for bodily injury per accident
  • $25,000 for property damage per accident

Under Georgia’s modified comparative fault system, injured parties can seek compensation as long as their fault in an accident is less than 50%. However, their recovery is reduced by the percentage of fault assigned to them. If their fault is 50% or more, they may be barred from recovery under O.C.G.A. § 51-12-33.

If the at-fault driver is uninsured or underinsured and you have UM coverage, you can file a claim with your UM insurance policy carrier.

How to File Uninsured Motorist Claims in Georgia

If you’re injured by an uninsured or hit-and-run driver, you may file a claim with your UM insurer. Here’s what the process looks like:

  1. Consult a UM claims attorney to get a clear understanding of your rights and next steps.
  2. Collect all relevant evidence, including police reports, photos, medical records, and witness statements.
  3. Review your policy with your attorney to understand what your UM coverage includes and whether it is excess or difference-in-limits.
  4. Submit a written claim to your insurer, ensuring it complies with your policy’s notice requirements.
  5. Negotiate a settlement through your attorney. Do not sign any documents or give statements without legal advice.
  6. File a lawsuit if negotiations fail or if your insurer refuses to act in good faith.

Understanding the time limits set under the Georgia Code for personal injury lawsuits will ensure you get the compensation you deserve. Georgia’s car accident statute of limitations gives an injured party two years to file a claim in court. Beyond this period, you are barred from doing so.

However, certain circumstances may affect this deadline. For example, some claims involving minors, mentally incapacitated individuals, or government-related entities may follow different timing rules under Georgia law.

Bad Faith Penalties for Delayed UM Payments

If your insurance company unreasonably delays or refuses to pay a valid UM claim, Georgia law may allow additional remedies in certain situations. To determine whether bad faith penalties may apply, it is important to consult an attorney regarding the procedures and requirements under Georgia law.

Average UM Coverage Settlements

Typical car accident settlement amounts in Georgia depend on several factors, including the severity of bodily injuries and property damage, and how these affect your daily life. The amount you may recover depends on the facts of your case and available insurance coverage.

Having a claims attorney to help during the process may improve your understanding of your legal options. They can also be helpful if negotiations fail and you want to pursue a claim in court. Court awards and settlements vary depending on the facts of the case.

The Dressie Law Firm, LLC Can Help

 

If you have been in such a situation and have uninsured motorist coverage, you can file a UM insurance claim to recover damages. Understanding how your policy applies can help you make informed decisions about your next steps.

The Dressie Law Firm, LLC has experience in motor vehicle accidents and personal injury cases, with over 40 years of combined experience and a credible team. The firm can help guide you through the process and work toward a fair resolution.

Consider scheduling a free consultation today to review your situation and understand your available options. Do not let an uninsured motorist accident create unnecessary financial strain.

FAQs

1. What is uninsured motorist coverage in Georgia?

Uninsured motorist (UM) coverage in Georgia is an optional auto insurance protection that pays for your injuries and certain damages if you are hit by a driver who has no insurance or not enough insurance to cover your losses. In most cases, you file the claim with your own insurance company rather than the at-fault driver’s insurer.

2. Do I file a claim with my insurance after an uninsured motorist accident?

Yes. In Georgia uninsured motorist cases, you typically file the claim with your own insurance carrier because your UM coverage steps in when the at-fault driver lacks sufficient insurance. Your insurer then evaluates the claim based on your policy terms and the evidence of damages and liability.

3. What is the difference between excess and difference-in-limits UM coverage?

In Georgia, difference-in-limits (DIL) coverage pays only the gap between your UM limits and the at-fault driver’s liability coverage. Excess UM coverage, by contrast, stacks on top of the at-fault driver’s policy, potentially allowing a higher total recovery. The type of coverage you selected in your policy significantly affects how much compensation may be available.

4. How long do I have to file an uninsured motorist claim in Georgia?

In Georgia, the general statute of limitations for car accident injury claims is two years from the date of the crash. However, uninsured motorist claims also involve policy notice requirements that may require much earlier reporting to your insurer. Because deadlines can vary based on the facts and the policy language, it is important to act promptly after an accident.

5. Can my insurance company deny an uninsured motorist claim?

Yes, an insurance company may deny an uninsured motorist claim if it believes the claim is not covered, was reported late, lacks sufficient evidence, or does not meet policy requirements. However, Georgia law allows policyholders to challenge wrongful denials and, in some cases, pursue bad faith remedies when appropriate.

The Dressie Law Firm, LLC Can Help You

If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is The Dressie Law Firm, LLC.

Contact us today to schedule your free consultation!

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