Like most states, Georgia has auto insurance requirements. While most drivers understand and fulfill this obligation by carrying adequate coverage, some do not. When an uninsured or underinsured driver causes an accident, getting the money for medical care and lost wages can feel like a nightmare for the victim.
If you were hurt in a crash where the at-fault driver doesn’t have insurance, an experienced Georgia uninsured motorist lawyer can help. They can review your policy to determine if you carry uninsured motorist (UM) and underinsured motorist (UIM) coverage. An attorney can also help you pursue legal action against the at-fault driver.
Talk to a dedicated uninsured motorist lawyer at Butler Kahn about your case. We’ve helped many injured clients seek compensation to pay for medical care, lost wages, and pain and suffering. Contact us today for a free consultation.
Uninsured motorist coverage (UM) is an optional insurance policy that helps protect you if you’re in an accident caused by a driver without insurance. It covers medical expenses, property damage, and other losses when the at-fault driver cannot compensate you for these bills.
Your uninsured motorist protection extends to hit-and-run accidents where the responsible driver flees the scene or if you are a pedestrian or bicyclist struck by a car. Having UM coverage helps prevent you from bearing the financial burden of someone else’s negligence.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage (UIM) is another optional insurance policy that protects you when the at-fault driver’s insurance coverage isn’t enough for your damages. If you have extensive injuries or losses that exhaust the liable driver’s policy limits, your UIM coverage can bridge the gap for the remaining expenses.
Is UM/UIM Coverage Mandatory in Georgia?
While uninsured and underinsured motorist coverage is not mandatory in Georgia, insurance companies are required to offer it to policyholders. However, drivers must decline UM/UIM in writing. Opting to purchase this coverage is strongly recommended, as it provides an added layer of financial security if you encounter an uninsured or underinsured driver.
What Are Georgia’s Minimum Requirements for Car Insurance?
Georgia drivers must carry minimum liability insurance coverage of:
$25,000 bodily injury liability per person
$50,000 bodily injury liability per accident
$25,000 property damage liability per accident
These limits cover the harm you may cause to others in an accident. However, they do not protect you from uninsured or underinsured drivers. The state agency encourages you to add UM/UIM coverage through your insurance carrier.
What Levels of Uninsured/Underinsured Motorist Coverage Should I Carry?
Determining the appropriate levels of UM/UIM coverage depends on various factors, such as your financial situation and potential risks. While the minimum coverage may satisfy legal requirements, it might not be enough to protect you. It is suggested to carry UM/UIM protection to match your liability coverage. For example, if you have $50,000 in liability coverage, your UM/UIM coverage should also be $50,000.
Talk to your insurance agent to ensure you have adequate coverage to protect your interests in the event of an accident.
What Should I Do If I Have Been in an Accident with an Uninsured or Underinsured Driver?
You might not know immediately that the at-fault driver does not have insurance or has insufficient insurance. But it is important to protect your physical and financial well-being as you would in any other car crash. Here are the steps you should consider taking:
Call the police and report the accident – An official report is valuable when dealing with insurance claims and legal proceedings.
Seek medical attention – Even if you don’t feel injured at the moment, you should get a medical evaluation as some injuries may not be immediately apparent.
Gather as much evidence as possible at the scene – Take photos or videos of the accident scene, including vehicle damage, injuries, skid marks, traffic signals, and other relevant details. Get contact information from any witnesses who saw the accident happen.
Notify your own insurance company about the accident – Do not offer details or comments about fault. Simply report the crash date, time, location, and other essential facts.
Contact an experienced uninsured motorist lawyer in Georgia – A lawyer can evaluate your case, guide you through the process, and protect your rights and interests. They can help you understand what types of coverage you have and the amount you can be paid under those policies.
If the Other Driver Had No Insurance, Can I Still Recover Compensation?
If you’re injured by an uninsured driver, you may still be able to recover compensation. Your UM/UIM policy should provide coverage in these situations. Check to determine whether you opted to purchase this coverage.
But you could still have options even if you don’t have UM/UIM coverage. If the negligent driver is uninsured or underinsured, they still might have other assets. A Georgia uninsured motorist lawyer can help you file a lawsuit to seek compensation for your injuries, property damage, medical expenses, lost wages, and other losses you may have incurred.
Why Do I Need a Lawyer to Help with My UM/UIM Claim?
Navigating an uninsured or underinsured motorist claim can be complex. Insurance companies may try to minimize your compensation or deny your claim altogether. Having a lawyer by your side ensures that you have an advocate who understands the intricacies of UM/UIM claims and can fight for your rights.
A skilled attorney will gather evidence, negotiate with insurance adjusters, and argue your case in court if necessary. They will work diligently to maximize your potential financial recovery and provide you with the support you need during this challenging time.
Our Georgia Uninsured Motorist Lawyers Are Ready to Help You
Butler Kahn has helped many Georgia accident victims after a crash with an uninsured or underinsured motorist – and we are ready to help you. Let a Georgia uninsured motorist lawyer protect your rights and pursue compensation for your medical bills, lost wages, and other losses from your insurance company or the at-fault driver. Contact our firm today for a free, no-obligation consultation.
Frequently Asked Questions
Uninsured motorist (UM) coverage protects you if the at-fault driver has no auto insurance at the time of the accident. Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance exists but is not enough to cover the full value of your injuries and losses. Both types of coverage are typically offered together as optional protection under your own auto insurance policy. Depending on your policy and Georgia law, UM/UIM coverage may help pay for medical expenses, lost wages, pain and suffering, and other damages that exceed the at-fault driver’s available insurance. Reviewing your policy after an accident can help determine whether these benefits are available.
No. Uninsured/underinsured motorist (UM/UIM) coverage is not mandatory in Georgia. However, Georgia law requires insurance companies to offer this coverage when you purchase an auto policy, and you must decline it in writing if you choose not to carry it. Although optional, UM/UIM coverage can provide valuable financial protection if you are injured by a driver who has no insurance or insufficient coverage to fully compensate you for your losses. Because many drivers carry only the minimum required liability insurance—or no insurance at all—purchasing UM/UIM coverage is often a wise way to protect yourself and your family after a serious accident.
Georgia law requires drivers to carry minimum liability insurance of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage per accident. These minimum limits pay for injuries and property damage you cause to others if you are at fault in a crash. They do not cover your own injuries or vehicle damage, nor do they protect you if the at-fault driver has no insurance or too little coverage. For that reason, many drivers choose to purchase additional liability limits and uninsured/underinsured motorist (UM/UIM) coverage for greater financial protection.
Yes. In many cases, Georgia law treats an unidentified hit-and-run driver as an uninsured motorist, allowing you to seek compensation through your own uninsured motorist (UM) coverage if your policy includes it. UM benefits may help pay for medical expenses, lost wages, pain and suffering, and other covered damages, even if the at-fault driver is never identified. To protect your right to benefits, you should report the hit-and-run accident to law enforcement as soon as possible, notify your insurance company promptly, and preserve any available evidence, such as witness statements, photographs, or surveillance footage.
Yes, in many cases. Georgia allows add-on (stacking) uninsured/underinsured motorist (UM/UIM) coverage, which means your UM/UIM limits can be added on top of the at-fault driver’s liability insurance instead of simply reducing your available recovery. This can substantially increase the compensation available after a serious accident. However, if you specifically elected “reduced-by” UM/UIM coverage in writing when purchasing your policy, your benefits may be reduced by the amount recovered from the at-fault driver’s insurer. The type of UM/UIM coverage you have depends on your insurance policy, so reviewing your policy language is important to determine the coverage available for your claim.
Yes. In many situations, Georgia’s uninsured/underinsured motorist (UM/UIM) coverage protects you even if you were walking or riding a bicycle when you were struck by an uninsured or underinsured driver. Your UM/UIM coverage generally follows you as a person, not just your vehicle, provided the policy applies to your circumstances. If your claim is covered, your policy may help pay for medical expenses, lost income, pain and suffering, and other covered damages. The specific benefits available depend on the terms of your insurance policy and the facts of the accident.
Generally, no. If you were not at fault for the accident, filing an uninsured motorist (UM) claim does not automatically mean your insurance premiums will increase. Georgia law generally protects policyholders from being penalized solely for making a not-at-fault UM claim, such as one involving a hit-and-run or an uninsured driver. However, insurance rates can be affected by a variety of factors, including your overall claims history, driving record, and your insurer’s underwriting practices. If you have questions about how a UM claim could affect your policy, review your policy terms or speak with your insurance provider.
Yes. If the at-fault driver has no insurance and few or no assets, you may still be able to recover compensation through your own uninsured/underinsured motorist (UM/UIM) coverage, if your policy includes it. UM/UIM coverage is designed to step in when the at-fault driver cannot pay for your injuries and other losses. In some cases, if the uninsured driver has significant personal or business assets, it may also be possible to pursue a personal judgment against them. An attorney can evaluate all potential sources of recovery, including insurance coverage and any other parties who may share liability, to help maximize the compensation available.
In an uninsured motorist (UM) claim, your own insurance company effectively steps into the shoes of the uninsured driver and may challenge fault, the extent of your injuries, or the value of your damages just as the other driver’s insurer would. This means you are still responsible for proving that the other driver was negligent, that their actions caused the accident, and that your injuries and financial losses resulted from the crash. Supporting your claim often requires strong evidence, such as police reports, medical records, witness statements, photographs, accident reconstruction evidence, and other documentation. Even though you are dealing with your own insurer, the claims process can be just as contested as a claim against the at-fault driver’s insurance company.
Although you are not required to hire a lawyer, UM/UIM claims can be more complicated than standard car accident claims. They often involve technical insurance policy language, questions about stacking, notice requirements, and determining which policy provides coverage when multiple insurance policies apply. Insurance companies may also dispute fault, challenge the severity of your injuries, or attempt to reduce the value of your claim. An attorney can review your insurance policy, identify all available sources of coverage, gather evidence to support your claim, negotiate with the insurance company, and, if necessary, pursue litigation to help you recover the full compensation available under the law.
Jeb ButlerState Bar: #116955
Jeb Butler’s career as a Georgia trial lawyer has led to a $150 million verdict in a product liability case against Chrysler for a dangerous vehicle design that caused the death of a child, a $45 million settlement for a young man who permanently lost the ability to walk and talk, a $3,973,260 settlement after a boating accident, and a $1,250,000 settlement in a pedestrian case, and numerous other verdicts and settlements, many of which are confidential at the defendant’s insistence. Jeb has worked on several cases that led to systemic changes and improvements in public safety. He has been repeatedly recognized as a Georgia SuperLawyer and ranks among Georgia’s legal elite. Jeb graduated in the top 10% of his class at UGA Law, argued on the National Moot Court team, and published in the Law Review. He is the founding partner of Butler Kahn law firm. Connect with me on LinkedIn
