Under O.C.G.A. § 33-7-11, an auto liability policy issued in Georgia must include uninsured motorist coverage unless an insured named in the policy rejects that coverage in writing. This guide explains what each limit pays, how uninsured motorist coverage fits in, and how commercial truck minimums differ. T. Madden & Associates, P.C. has practiced personal injury law in Georgia since 1999.

What is the minimum auto insurance coverage required in the state of Georgia?

Liability coverage protects other people when you cause a crash. It pays the injured people and property owners you harm, up to the policy limits.

These numbers are a legal floor. They are not a measure of how much protection a driver needs. After a serious crash, an injured person’s losses can be larger than the limits.

Your policy’s declarations page shows the limits you carry. Compare those numbers to the 25/50/25 floor. When another driver causes the crash, that driver’s liability policy is usually the first place an injury claim is paid from.

What do the three minimum limits pay for?

Each limit caps one kind of payment. Knowing the difference helps you read a policy or a claim letter.

• Bodily injury per person ($25,000): the most the policy pays for injuries to one person in one crash.
• Bodily injury per accident ($50,000): the most the policy pays for all injured people combined in one crash.
• Property damage ($25,000): the most the policy pays for damage to vehicles, fences, buildings and other property.

Here’s a simple example. A crash hurts three people in one car. The $25,000 per-person limit caps each person’s bodily injury payment. The $50,000 per-accident limit caps the total for all three. Even if each claim is worth more than $25,000, that policy cannot pay more than $50,000 in total. A limit is a ceiling. It does not promise any payment.

Does Georgia require uninsured motorist coverage?

Yes. Georgia law requires an auto liability policy to include uninsured motorist coverage unless the insured rejects it in writing, under O.C.G.A. § 33-7-11. This coverage applies to injuries sustained from the owner or operator of an uninsured motor vehicle. O.C.G.A. § 33-7-11 provides that no automobile liability policy or motor vehicle liability policy shall be issued or delivered 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, sustained from the owner or operator of an uninsured motor 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.”

The same statute sets limits on how this coverage works. Under the statute, this coverage excludes umbrella or excess liability policies unless affirmatively provided for in such policies or in a policy endorsement. It cannot be used to duplicate payments that liability coverage already made. The insured’s combined recovery also cannot exceed the total economic and noneconomic losses the insured sustained.

Pull out your own policy and check the declarations page. It shows your liability limits and whether you carry uninsured motorist coverage.

Is 50/100/50 enough auto insurance in Georgia?

Higher limits such as 50/100/50 are optional.

A policy caps what it pays. When losses go above the limits, other sources of recovery may need to be looked at. The right amount for one driver depends on medical costs, income, assets and the vehicles they drive.

Fault also changes what an injured person can recover. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to the plaintiff’s percentage of fault. A plaintiff who is 50 percent or more responsible cannot recover any damages.

Timing matters too. Under O.C.G.A. § 9-3-33, as quoted in a Georgia Court of Appeals opinion, a personal injury lawsuit generally must be filed within two years after the right of action accrues, except that actions for injuries to the person involving loss of consortium must be brought within four years after the right of action accrues.

Do commercial trucks carry higher minimums?

Yes. Under federal truck insurance minimums, for-hire carriers in interstate or foreign commerce must carry $750,000 in public liability coverage for nonhazardous property, when the vehicle has a gross vehicle weight rating of 10,001 pounds or more.

Higher tiers apply to some loads. The same table sets $5,000,000 for certain hazardous substances moved in bulk. It sets $1,000,000 for other listed oil, hazardous materials and waste moving in interstate or foreign commerce in any quantity, or in intrastate commerce in bulk only, on vehicles with a gross vehicle weight rating of 10,001 or more pounds.

Trucks also raise insurer questions. Under O.C.G.A. § 40-1-112, an insurance carrier can be joined in a case against a motor carrier only in limited situations. Those include when a related motor carrier is insolvent or bankrupt, or when personal service cannot after reasonable diligence be effected against the driver or the carrier.

Talk with our team about your crash and insurance questions

If you are reading this after a crash you did not choose, you may be sorting out which policies could be involved. Some readers are researching for a parent, spouse or friend who was hurt. Insurance papers are hard to read when you are also dealing with injuries or stress.

T. Madden & Associates, P.C. offers a free, confidential initial consultation with no obligation to continue. If you have questions about a crash and the insurance behind it, our team can talk through your options. The firm has offices in Jonesboro (Clayton County), Atlanta, Decatur, Macon and Augusta.

Disclaimer: This page gives general information about Georgia insurance minimums and is not legal advice. It is published by T. Madden & Associates, P.C. Responsible lawyer: Terance Madden. Contact: https://www.tmaddenlaw.com/contact/