Uninsured Motorist Coverage in Georgia: What You Need to Know

What are the requirements for uninsured motorist coverage in Georgia? In short, a Georgia auto liability policy must include this coverage unless the policyholder chooses a different option in writing. This guide explains the rules in plain words, using the state statute and public insurance sources. If you’re checking a policy after a crash, start here.

What Is Uninsured and Underinsured Motorist Coverage in Georgia?

Uninsured motorist (UM) coverage is part of your own auto policy, and it pays your losses sustained from the owner or operator of an uninsured motor vehicle. Underinsured motorist (UIM) coverage steps in when the at-fault driver has some insurance, but not enough to cover your losses. Both coverages protect you and your passengers. They do not protect the at-fault driver.

Georgia’s statute describes this coverage as paying for bodily injury, loss of consortium or death of an insured. It also covers injury to or destruction of an insured’s property. The claim is made under the injured person’s own policy, with their own insurer, O.C.G.A. § 33-7-11.

The Georgia Commissioner of Insurance explains that Georgia UM coverage may protect against vehicle damage or injuries to the insured and passengers when an uninsured driver causes the accident. The Insurance Information Institute facts say UM and UIM coverage may reimburse policyholders after crashes with uninsured, underinsured, or hit-and-run drivers.

Georgia Law Requires Drivers to Carry Certain Auto Insurance Coverage

Insurance coverage can play a major role in how a car accident claim is resolved, so it is worth reviewing your own policy and any coverage available from the other driver after a crash. Liability insurance is separate from UM coverage, and the two do different jobs.

Liability coverage pays for injuries and property damage the insured driver causes to other people. It does not pay the insured driver’s own injuries. UM coverage fills that gap. It pays the insured for harm caused by a driver who has no insurance.

People often mix these two up. Your liability limits protect others from you. Your UM limits protect you from someone else’s lack of coverage. The difference matters when you read your policy and decide what to keep.

Is Uninsured Motorist Coverage Required in Georgia?

Georgia law generally requires UM coverage in auto liability policies unless the insured rejects it in writing. The statute says no automobile liability policy may be issued or delivered in Georgia unless it contains an endorsement or provisions that pay the insured for losses caused by an uninsured vehicle’s owner or operator, for a motor vehicle principally garaged or principally used in Georgia, O.C.G.A. § 33-7-11. 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.”

The policyholder still has choices. The statute lets an insured reject the full coverage and select, in writing, a lower option. Where the insured has chosen this option in writing, the at-fault vehicle counts as uninsured only to the extent your UM limits exceed the bodily injury and property damage liability coverages available on that vehicle.

Check your declarations page. It shows whether UM coverage is on your policy and at what limit. If you can’t find UM on the page, ask your insurer to show you the choice on file. The page is the fastest place to confirm what you actually bought.

How Much Uninsured Motorist Coverage Should You Carry in Georgia?

Your UM limit sets how much this coverage can pay under your policy, and you choose that limit when the policy is written. The limit is printed on the declarations page, so it is easy to check.

UM coverage works as extra coverage on top of the at-fault driver’s liability coverage. Under this statute, if an insurer refuses to pay a covered loss within 60 days after demand and the refusal is found to be in bad faith, the insurer is liable to the insured, in addition to any recovery under this Code section, for not more than 25 percent of the recovery or $25,000.00, whichever is greater, and all reasonable attorney’s fees; bad faith and the penalty are decided in a separate action against the insurer after a judgment against the uninsured motorist in the original case, O.C.G.A. § 33-7-11.

Is 50/100/50 enough? Higher limits usually cost more in premium. Whether it is enough depends on the facts: your household, your assets, and how and where you drive. A review with your insurer or a licensed agent is the place to work through those choices.

When the Other Driver Has Too Little Insurance or Cannot Be Found

If the at-fault driver has too little insurance, or cannot be identified, your own UIM or UM coverage may apply. Underinsured cases happen when the other driver’s liability limits are lower than your losses. Hit-and-run cases happen when the other driver leaves the scene.

A common mistake is assuming the other driver’s policy will cover everything. If that policy has low limits, the gap can fall on your own coverage, if you carry it. Our car accident lawyer page covers how fault plays out in these crashes.

Fault still matters. Under O.C.G.A. § 51-12-33, a damages award is reduced in proportion to the injured person’s percentage of fault. The injured person gets no damages at all if they are 50 percent or more responsible. When more than one person shares fault, the statute also divides the award among those who are liable.

How to File a UM or UIM Claim in Georgia

You make a UM or UIM claim through your own insurer, because the coverage is part of your own policy. The claim starts with that insurer, not the at-fault driver’s company.

Your policy sets the notice and paperwork rules. Report the crash to your insurer promptly. Keep the police report, medical bills, repair estimates, and photos in one place.

Your insurer may handle the UM claim alongside any claim against the at-fault driver. Policy conditions and Georgia law both shape a claim, so prompt reporting matters.

Frequently Asked Questions About Georgia Uninsured Motorist Coverage

General information only, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., practicing since 1999, with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Contact: https://www.tmaddenlaw.com/contact/