Hit by an Uninsured Driver in Georgia? Find Out Where You Stand

Short Answer: Are You Covered If an Uninsured Driver Hits You?

Often, yes, but the answer comes from your own auto policy. If the other driver has no insurance, the usual source of payment is your uninsured motorist (UM) coverage.

Georgia law shapes this coverage. Under O.C.G.A. § 33-7-11, auto liability policies must include UM coverage unless the insured rejects it, as the statute allows. So your first question is what your policy shows.

This page explains what UM coverage pays for, how hit-and-run crashes change the picture, and what other sources of payment may apply. It also covers the deadlines that can affect your claim.

What Uninsured Motorist Coverage Pays For

UM coverage pays certain injury and property losses, up to your policy limits. The statute covers bodily injury, death, and injury to or destruction of property caused by the owner or operator of an uninsured vehicle. O.C.G.A. § 33-7-11 reads: “(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured damages for bodily injury, loss of consortium or death of an insured, or for injury to or destruction of property of an insured under the named insured’s policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be.”

Your declarations page lists your limits. It’s the first document to review, because it shows the most your policy will pay under UM.

UM doesn’t double-pay. The statute says a motor vehicle is treated as uninsured where bodily injury and property damage liability insurance is in existence but the insurer writing the insurance has become insolvent and is unable to pay. O.C.G.A. § 33-7-11 reads: “(iv) Bodily injury liability and property damage liability insurance in existence but the insurance company writing the insurance is unable, because of being insolvent, to make either full or partial payment with respect to the legal liability of its insured, provided that in the event that a partial payment is made by or on behalf of the insolvent insurer with respect to the legal liability of its insured, then the motor vehicle shall only be considered to be uninsured for the amount of the difference between the partial payment and the limits of the uninsured motorist coverage provided under the insured’s motor vehicle insurance policy; or.” It also says that if an insurer refuses in bad faith to pay a covered loss within 60 days after demand, and a finding of bad faith is made in a separate action filed by the insured after a judgment has been rendered against the uninsured motorist in the original tort action, the insurer is liable for not more than 25 percent of the recovery or $25,000, whichever is greater, plus reasonable attorney’s fees (O.C.G.A. § 33-7-11).

Your policy’s coverage section shows how it handles vehicle damage. Read it closely, because property coverage is set by the policy terms, not by a single rule.

Hit-and-Run Crashes: How UM Coverage Can Apply

A hit-and-run driver is a driver you can’t identify, so the crash raises extra questions. The Insurance Information Institute states that uninsured and underinsured motorist coverage may reimburse policyholders after accidents involving uninsured, underinsured, or hit-and-run drivers (uninsured motorist facts).

Evidence matters early. Report the crash to police promptly, and ask the officer to document what you describe. A police report creates a record of the scene.

Write down or photograph what you can while it’s fresh. Useful details include:

• Witness names and phone numbers
• Nearby video from businesses or homes
• The other vehicle’s color, make, plate number, or direction of travel
• The time and location of the crash

Keep these notes with your claim papers. They can help show what happened.

Other Sources of Payment for Your Injuries and Bills

Medical payments (MedPay) coverage can pay crash-related medical bills if your own policy includes it. MedPay doesn’t depend on who caused the crash, so check your declarations for it.

Your health insurance may also pay some bills. Ask your provider how it coordinates with auto coverage. Georgia law also addresses health insurance in a lawsuit. Under O.C.G.A. § 51-12-1.1, if you have health insurance, the evidence of reasonable medical value includes both the amount charged and the amount actually necessary to satisfy the charge under the insurance contract.

Keep every bill, receipt, and record of lost work time. Georgia law says necessary expenses from an injury are a legitimate part of damages (O.C.G.A. § 51-12-7). Each claim source will ask for documentation.

Who Is Covered When Someone Else Was Driving Your Car

Whether a friend or relative who borrowed your car is covered depends on the policy terms. Start with the policy that insures the vehicle, then check the definitions of covered persons.

Passengers can be covered too. The Georgia Office of the Commissioner of Insurance and Safety Fire states that uninsured motorist coverage may protect against vehicle damage or injuries to the insured and passengers when an uninsured driver causes the accident (Georgia auto insurance resources).

A passenger may be able to claim under their own policy or a household member’s policy. Your claim can depend on how each policy defines who is covered.

List every policy that might apply, including household policies. Missing one can slow down the claim.

Can You Sue an Uninsured Driver Personally?

A lawsuit against the at-fault driver is a separate path from a UM claim. Georgia law separates general damages, which the law presumes from a wrong, from special damages, which must be proved (O.C.G.A. § 51-12-2).

Winning a judgment doesn’t mean the money will be paid. Collecting from a driver with no insurance and few assets can be hard. Whether a lawsuit makes sense depends on the facts.

UM claims and lawsuits can overlap. The order of claims and filings can affect what money is available to you, so keep track of every step.

Steps to Protect Your Claim After the Crash

Get medical care right away. Follow the treatment plan, because gaps in treatment can make it harder to connect your injuries to the crash.

Notify your own insurer promptly. Describe the uninsured or fleeing driver accurately. Avoid guessing about fault or injuries.

Get a copy of the crash report. Confirm what it says about the other driver and any insurance information exchanged at the scene.

Be careful with recorded statements. Don’t sign releases or settlement papers until you understand what coverage is still available.

Deadlines That Affect Your Coverage and Your Claim

Georgia’s general deadline for injury claims is two years after the right of action accrues. That rule comes from O.C.G.A. § 9-3-33, which sets four years for loss of consortium claims.

Some crashes involve an alleged crime. Under O.C.G.A. § 9-3-99, the time limit for a tort claim by the victim of an alleged crime is tolled from the date the crime was committed until the prosecution has become final or otherwise terminated. That pause cannot exceed six years, except as otherwise provided in Code Section 9-3-33.1.

Your policy may also set its own notice and filing deadlines for a UM claim. Check those in your policy, and plan around the earliest date you find.

Talk With T. Madden & Associates About Your Uninsured Driver Crash

If you’re reading this after a crash you didn’t choose, you may be juggling bills, a damaged car, and missed work. You don’t have to sort out coverage alone.

T. Madden & Associates, P.C. offers a free first consultation. It is confidential and carries no obligation to continue. The firm has practiced since 1999 and has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.

To request a free case evaluation, contact T. Madden & Associates, P.C. Responsible lawyer: Terance Madden. This page is general information, not legal advice.