Car accidents can be financially devastating, especially when the at-fault driver does not have enough insurance to cover your damages. Unfortunately, many drivers in Georgia operate their vehicles without insurance or with minimal coverage that may not fully compensate you for medical expenses, lost wages, and other damages. This is where uninsured/underinsured motorist (UM/UIM) coverage becomes crucial.
Understanding how UM/UIM coverage works can help you protect yourself in the event of an accident involving an uninsured or underinsured driver. In this guide, we explain why UM/UIM coverage is important, how it works in Georgia, and what to do if you need to file a claim.
What is Uninsured/Underinsured Motorist Coverage?
Uninsured Motorist (UM) Coverage protects you if you are involved in an accident caused by a driver who does not have auto insurance.
Underinsured Motorist (UIM) Coverage helps cover your expenses if the at-fault driver’s insurance does not provide enough coverage to pay for your damages.
Why You Need UM/UIM Coverage
While Georgia law requires drivers to carry liability insurance, many drivers fail to maintain coverage or only purchase the state minimum, which may not be enough to cover serious injuries. UM/UIM insurance ensures you are financially protected if you are involved in an accident with one of these drivers.
Georgia’s Uninsured and Underinsured Motorist Laws
Under O.C.G.A. § 33-7-11, Georgia requires insurance companies to offer UM/UIM coverage to all policyholders. However, you are not required to purchase it. Declining UM/UIM coverage must be done in writing.
Minimum Liability Insurance Requirements in Georgia
Georgia law mandates that all drivers carry at least the following liability coverage:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If the driver who hit you only carries the minimum coverage, your damages may far exceed their policy limits. This is where underinsured motorist coverage helps fill the gap.
Types of UM/UIM Coverage in Georgia
Georgia allows policyholders to select two types of UM/UIM coverage:
1. Add-On (Stacking) Coverage
- This type of UM/UIM coverage adds on top of the at-fault driver’s liability coverage.
- Example: If the at-fault driver has $25,000 in liability coverage and your damages are $100,000, your UM/UIM policy will cover the remaining $75,000 (up to your policy limits).
- This option provides more protection for policyholders.
2. Reduced Coverage
- With this option, your UM/UIM coverage is reduced by the at-fault driver’s insurance coverage.
- Example: If the at-fault driver has $25,000 in liability coverage and your UM/UIM policy is also $25,000, you will receive no additional compensation from your UM/UIM policy.
- This option is less expensive but provides less protection.
Choosing add-on coverage is the best way to ensure you are fully protected.
What Does UM/UIM Coverage Pay For?
If you are injured by an uninsured or underinsured driver, your UM/UIM policy can cover:
- Medical bills (emergency room visits, surgeries, rehabilitation)
- Lost wages (time missed from work due to injuries)
- Pain and suffering (physical and emotional distress)
- Future medical expenses (if ongoing treatment is needed)
- Funeral expenses (in fatal accident cases)
- Property damage (repairs or replacement for your vehicle)
What Happens If You Are Hit by an Uninsured Driver?
If you are involved in an accident with an uninsured driver, follow these steps to protect your rights:
- Call the Police Immediately
- A police report will document that the other driver was uninsured.
- Gather Evidence at the Scene
- Take photos of the accident scene, vehicle damage, and injuries.
- Obtain witness statements and contact information.
- Seek Medical Treatment
- Even if you feel fine, some injuries may not appear immediately. A medical evaluation is crucial for your claim.
- Notify Your Insurance Company
- Report the accident and confirm your UM/UIM coverage.
- Consult a Personal Injury Attorney
- A lawyer can help you navigate the claims process and negotiate a fair settlement.
What If Your Insurance Company Denies Your UM/UIM Claim?
Even though UM/UIM coverage is part of your policy, insurance companies may try to minimize payouts or deny claims outright. Common reasons for denial include:
- Claiming your injuries are not severe enough
- Arguing that the uninsured driver was not at fault
- Disputing the cost of your medical treatment
- Delaying the claim process to pressure you into accepting a low settlement
If your UM/UIM claim is denied or undervalued, you should speak with an experienced personal injury attorney to fight for the compensation you deserve.
Can You Sue an Uninsured Driver?
Yes, you can sue an uninsured driver for damages. However, many uninsured drivers do not have the financial resources to pay a judgment, making a lawsuit difficult to enforce.
This is why having strong UM/UIM coverage is the best way to ensure you are protected.
How Gunn Law Group Can Help
At Gunn Law Group, we understand how devastating a car accident can be, especially when the at-fault driver lacks insurance. Our legal team can help you:
- Determine the full value of your claim
- Handle negotiations with your insurance company
- Fight unfair UM/UIM claim denials
- Pursue maximum compensation for your injuries and losses
If you were hit by an uninsured or underinsured driver in Georgia, call Gunn Law Group at 888-244-4866 for a free consultation. Let “the Big Gunn” fight for your rights and ensure you get the compensation you deserve.
Conclusion
Uninsured/underinsured motorist coverage is one of the most important protections a Georgia driver can have. Without it, you could be left paying for your own medical bills, lost wages, and damages if an uninsured driver causes an accident.
If you have been involved in an accident with an uninsured or underinsured driver, contact Gunn Law Group today to discuss your legal options and ensure you receive the full compensation you are entitled to.
