Georgia Uninsured Motorist (UM) Coverage Explained
When the driver who hit you has no insurance, not enough, or drove away, your own UM coverage may be what pays. Here’s how it works under Georgia law and what to expect from a UM claim.
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Uninsured Motorist Claim Checklist
If the other driver had little or no insurance, your own policy may help.
Why it matters
It shows the other driver’s insurance status, or that they fled.
Why it matters
It lists your uninsured motorist coverage and limits.
Why it matters
In Georgia, the type of UM coverage can change how much is available.
Why it matters
Your policy likely requires prompt notice of a claim.
Why it matters
Your own company may treat you like the other side in a UM claim.
Why it matters
Other household policies may also provide coverage.
Why it matters
Your words can be used to limit the claim.
Why it matters
A free review can help you understand all available coverage.
General information, not legal advice. Every case is different.
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Overview
What UM Coverage Does
Uninsured motorist (UM) coverage is part of your own auto policy. It pays for your injuries and other losses when the driver who caused the crash can’t cover them. Georgia’s UM law is O.C.G.A. § 33-7-11, and under that statute a vehicle can count as “uninsured” in several situations:
- The at-fault driver has no liability insurance at all.
- The at-fault driver has insurance, but not enough to cover your damages (often called underinsured motorist coverage, though Georgia handles it under the same UM statute).
- The at-fault driver’s insurer has legally denied coverage.
- The at-fault driver’s insurer is insolvent.
- The driver is unknown, as in many hit-and-run crashes.
Under Georgia law, UM coverage generally protects you and resident relatives in your household, and it can apply whether you were driving, riding as a passenger, walking or biking. The exact reach depends on your policy’s wording.
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Call 888-BIG-GUNNRequest a Free Case ReviewWhy UM Coverage Matters in Georgia
Georgia’s minimum liability limits are $25,000 for injury to one person, $50,000 for injuries to two or more people in one crash, and $25,000 for property damage (often written as 25/50/25). The dollar amounts are set in O.C.G.A. § 33-7-11(a)(1)(A), and Georgia’s financial responsibility law (O.C.G.A. § 40-9-37) uses the same minimums.
A serious injury can easily exceed $25,000 in medical bills and lost wages alone. And some drivers carry no insurance: the Insurance Research Council estimated that about 19% of Georgia motorists were uninsured in 2023, compared with a national estimate of 15.4%. When the other driver’s coverage runs out, UM coverage is often the main source of additional compensation.
The coverage that protects you from an uninsured driver is on your own policy, so it’s worth knowing what’s on your declarations page before you need it.
Add-On vs. Reduced-By Coverage
Georgia recognizes two kinds of UM coverage, and the difference can be significant. They are described in O.C.G.A. § 33-7-11(b)(1)(D)(ii).
Add-On (Excess) Coverage
With add-on coverage, your UM limits are available on top of whatever the at-fault driver’s liability insurance pays, as long as your total recovery doesn’t exceed your actual damages. Under the current statute, add-on is the default. An insurer can only give you the other type if you select it in writing.
Reduced-By Coverage
With reduced-by coverage, your UM limits are reduced by the amount available from the at-fault driver’s insurance. You only receive the difference between the two, up to your UM limit.
A Simple Example
Say the at-fault driver has a $25,000 policy, you have $100,000 in UM coverage, and your damages are $150,000. With add-on coverage, up to $125,000 could be available ($25,000 plus $100,000). With reduced-by coverage, the most available would be $100,000 ($25,000 from the driver’s insurer plus $75,000 in UM). These numbers only illustrate how the math works; they are not a prediction of any case’s value.
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Your UM Limits and Rejecting Coverage
Georgia requires insurers to include UM coverage in auto policies unless it is rejected. The statute ties UM limits to your liability limits: unless you affirmatively choose lower UM limits, your UM coverage generally matches your bodily injury liability limits (O.C.G.A. § 33-7-11(a)(1)). In Sullivan v. Trustgard Insurance Co. (Ga. App. March 2026), the Court of Appeals of Georgia held that the insurer has the burden to show you actually chose the lower limits; a pre-filled application or a declarations page showing lower limits was not enough.
You can reject UM coverage entirely, but only in writing by a named insured (O.C.G.A. § 33-7-11(a)(3)). A written rejection or lower-limit choice generally carries over to renewal policies from the same insurer, so a form signed years ago may still control your coverage today.
If you’re not sure what you have, look for UM limits and the words “added on,” “excess,” or “reduced by” on your declarations page, or ask your agent for a copy of any rejection or selection form you signed.
Can You Stack UM Coverage?
“Stacking” means combining UM coverage from more than one source. In Georgia, you may be able to recover under more than one UM policy that covers you. For example, you might be covered both under your own policy and as a resident relative under a household member’s policy, up to the amount of your actual damages.
Whether coverage for several vehicles on a single policy can be combined depends heavily on the policy language, and many policies include “limit of liability” or “other insurance” clauses that address stacking. This is an area where it helps to have a lawyer review every policy in your household.
Hit-and-Run Crashes
When the at-fault driver can’t be identified, Georgia’s UM statute sets extra requirements before UM coverage applies (O.C.G.A. § 33-7-11(b)(2)):
- There must have been actual physical contact between the unknown vehicle and you or your property, or your description of how the crash happened must be corroborated by an eyewitness other than you.
- The crash must be reported to police as required by O.C.G.A. § 40-6-273, which applies to crashes involving injury, death or apparent property damage of $500 or more.
If a lawsuit is needed, it can be filed against the unknown driver as “John Doe,” with a copy served on your UM insurer (O.C.G.A. § 33-7-11(d)). A “miss-and-run,” where another car forces you off the road without touching you, is a common situation where eyewitness information becomes critical, so get names and phone numbers of anyone who saw what happened.
Why Your Own Insurer Is on the Other Side of a UM Claim
It surprises many people that a UM claim can feel adversarial. The reason is structural. When you make a UM claim, your insurer is the one paying, so its interests on the value of your claim are opposite to yours.
Georgia law reflects this. If you sue the at-fault driver, your UM insurer must be served with the lawsuit as though it were a named defendant, and it has the right to file its own pleadings and take part in the case, either in its own name or in the name of the driver (O.C.G.A. § 33-7-11(d)). In practice, your insurer may hire defense lawyers to contest fault, causation or the value of your injuries.
Recorded Statements
An adjuster may ask for a recorded statement early on. Your policy may require you to cooperate, but it helps to get advice first so you answer accurately without guessing or downplaying your injuries.
Medical Authorizations
You may be asked to sign broad authorizations that let the insurer collect years of medical records, which can be used to argue that your injuries were pre-existing.
Medical Exams
Some policies allow the insurer to request an examination by a doctor it selects.
Early Offers
An adjuster may make an offer before the full extent of your injuries is known. Once you accept and sign a release, you usually can’t reopen the claim.
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888-BIG-GUNNSettling With the At-Fault Driver Without Losing UM
When the at-fault driver’s insurer offers its full policy limits, Georgia law lets you accept that payment and sign a limited release that protects your right to pursue UM benefits (O.C.G.A. § 33-24-41.1). The statute also bars UM policies from prohibiting this kind of settlement.
The details matter. Signing a general release instead of a limited release, or failing to follow your policy’s notice requirements, can create problems with the UM claim. Talk to a lawyer before signing anything.
Bad-Faith Penalties in UM Claims
Georgia has a specific penalty for UM insurers that refuse to pay in bad faith. Under O.C.G.A. § 33-7-11(j), if your insurer refuses to pay a covered UM loss within 60 days after you make a demand, and the refusal is found to be in bad faith, the insurer can be liable for up to 25% of the recovery or $25,000, whichever is greater, plus reasonable attorney’s fees.
You may see Georgia’s general insurance bad-faith statute, O.C.G.A. § 33-4-6, cited for UM claims. That statute allows a penalty of up to 50% of the insurer’s liability for the loss or $5,000, whichever is greater, but the Supreme Court of Georgia held in McCall v. Allstate Insurance Co. (1984) that the UM statute’s own penalty is the exclusive bad-faith remedy for UM claims. Bad faith is also hard to prove: an insurer that has a reasonable basis to dispute a claim generally isn’t acting in bad faith.
How Georgia’s 2025 Tort Reform Affects UM Cases
Georgia’s 2025 tort reform law (SB 68, signed April 21, 2025) didn’t rewrite the UM statute, but it changed rules that apply in car crash cases, including those involving UM coverage. It allows evidence that a person wasn’t wearing a seat belt to be considered on issues like fault and causation, and, for claims arising after the law took effect, it allows evidence of what health insurance or workers’ compensation actually paid for medical treatment, not only the amount billed. How these rules apply depends on when the crash happened and when the case was filed.
What to Do After a Crash With an Uninsured Driver
1
Call the Police
Report the crash, especially if it’s a hit-and-run. A police report can be essential to a UM claim. Our guide to Georgia crash report codes explains how to read it.
2
Collect Witness Information
Get names and phone numbers of anyone who saw the crash. In a hit-and-run without physical contact, an independent eyewitness may be required.
3
Get Medical Care
See a doctor promptly and follow the treatment plan. Your records document your injuries.
4
Notify Your Insurer
Report the crash to your own insurance company promptly. Many policies set notice requirements for UM claims.
5
Gather Every Policy
Collect your policy and those of household members. Additional UM coverage may be available.
6
Get Advice Before Giving Statements or Signing Releases
A lawyer can help you meet your policy duties while protecting your claim.
Watch the Deadlines
A UM claim generally follows the same time limits as the underlying injury claim, which in Georgia is usually two years from the crash (O.C.G.A. § 9-3-33). Your UM insurer must be properly served within that time, and missing the step can jeopardize UM benefits. Our guide to Georgia personal injury deadlines covers the details.
For more about the crash side of your claim, see our Atlanta car accident lawyer page, our after-the-wreck checklist, and our article on insurance lowball tactics.
FAQ
Frequently Asked Questions
Georgia requires auto insurers to include UM coverage in their policies, but a named insured can reject it in writing (O.C.G.A. § 33-7-11(a)(3)). Unless you choose lower limits, your UM limits generally match your bodily injury liability limits. Check your declarations page or ask your agent to confirm what you have.
Add-on (excess) coverage pays on top of the at-fault driver’s liability insurance, up to your actual damages. Reduced-by coverage subtracts the at-fault driver’s insurance from your UM limit. Under Georgia law, add-on is the default unless you selected reduced-by coverage in writing.
It can. Georgia requires either actual physical contact between the unknown vehicle and you or your property, or an eyewitness other than you who corroborates your account. The crash must also be reported to police as required by O.C.G.A. § 40-6-273.
A UM claim generally follows the deadline for the underlying injury claim, which is usually two years from the crash under O.C.G.A. § 9-3-33. If a lawsuit is needed, your UM insurer must be properly served within that time. Your policy may also require prompt notice of the crash, so report it to your insurer early.
Yes. Because your insurer is the one paying, it may dispute fault, the cause of your injuries or what they’re worth. Georgia law lets a UM insurer take part in a lawsuit in its own name or in the at-fault driver’s name (O.C.G.A. § 33-7-11(d)).
Under O.C.G.A. § 33-7-11(j), if your insurer refuses to pay a covered UM loss within 60 days of a demand and the refusal is found to be in bad faith, it can owe up to 25% of the recovery or $25,000, whichever is greater, plus reasonable attorney’s fees. Georgia’s Supreme Court has held this is the exclusive bad-faith penalty for UM claims.
Generally yes, if you accept the at-fault driver’s full policy limits and sign a limited release under O.C.G.A. § 33-24-41.1. Signing the wrong kind of release, or skipping required notices to your UM insurer, can put the UM claim at risk, so get advice before you sign.
Get Help With Your Georgia UM Claim
If you were hurt by an uninsured, underinsured or hit-and-run driver, a lawyer can review your policies, handle the notices and protect your UM claim while you focus on recovering. The Gunn Law Group, founded by attorney Harrell Gunn, has offices in Buckhead and Norcross, and there’s no attorney fee unless we recover for you. Hablamos español. Call 888-BIG-GUNN (888-244-4866) for a free, no-obligation consultation.
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