Uninsured motorist (UM) coverage pays for your injuries when the driver who hit you has no insurance, not enough insurance, or can’t be identified. It comes from your own auto policy, not the at-fault driver’s, and it may be worth more than you realize, especially when the other driver carries only Georgia’s minimum limits.
The catch is that a UM claim is a claim against your own insurance company. Here is how Georgia’s UM law works, what the key policy choices mean, and what to expect when you make a claim.
Key Takeaways
- Georgia’s UM law, O.C.G.A. § 33-7-11, applies when the at-fault driver is uninsured or underinsured, can’t be identified, or has an insurer that denied coverage or went insolvent.
- Unless you chose otherwise in writing, your UM limits generally match your bodily injury liability limits, and “added-on” coverage is the default.
- You may be able to recover under more than one UM policy, but whether coverage on several vehicles in one policy can be combined depends on the policy language.
- Your own insurer is on the other side of a UM claim, and Georgia’s UM statute has its own bad-faith penalty.
- A UM claim generally follows the two-year injury deadline, and your UM insurer must be properly served in time.
What Is UM/UIM Coverage in Georgia?
UM coverage pays for injuries and other losses when the driver who caused the crash can’t cover them. Under O.C.G.A. § 33-7-11, a vehicle can count as “uninsured” when:
- 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 or UIM coverage, which Georgia handles under the same 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
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. A serious injury can pass $25,000 in medical bills and lost wages quickly. Some drivers carry nothing at all: the Insurance Research Council estimated that about 19% of Georgia motorists were uninsured in 2023.
UM coverage generally protects you and resident relatives in your household, whether you were driving, riding as a passenger, walking or biking. The exact reach depends on your policy wording. Our uninsured and underinsured motorist accident page covers the kinds of crashes where it comes up most.
Georgia’s UM Requirements and Rejection Rules
Georgia requires auto insurers to include UM coverage unless it is rejected. Unless you affirmatively choose lower limits, your UM limits generally match your bodily injury liability limits (O.C.G.A. § 33-7-11(a)(1)).
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.
The paperwork matters. If a rejection or lower-limit selection was not properly made, you may have more UM coverage than your declarations page suggests, so ask your agent for a copy of any form you signed.
Added-On vs. Reduced-By Coverage
Georgia recognizes two kinds of UM coverage. Under the current statute, “added-on” (also called excess) coverage is the default. An insurer can only give you “reduced-by” coverage if you selected it in writing.
- Added-on coverage is 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.
- Reduced-by coverage is reduced by the amount available from the at-fault driver’s insurance, so you only receive the difference, up to your UM limit.
Here is 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.
| Added-On (Default) | Reduced-By | |
|---|---|---|
| At-fault driver’s insurance | $25,000 | $25,000 |
| UM coverage available | Up to $100,000 | Up to $75,000 |
| Most available in total | $125,000 | $100,000 |
These numbers only illustrate the math, not what any case is worth.
Can You Stack UM Coverage in Georgia?
“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 under your own policy and also as a resident relative under a household member’s policy, up to the amount of your actual damages.
Don’t assume you can multiply one policy’s limit by the number of cars on it. 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. Gather every auto policy in your household so each one can be reviewed.
When Your Own Insurer Becomes the Other Side
A UM claim can feel adversarial because your insurer is the one paying. If you sue the at-fault driver, your UM insurer must be served as though it were a named defendant, and it can file its own pleadings and take part in the case (O.C.G.A. § 33-7-11(d)). It may hire defense lawyers to contest fault, causation or the value of your injuries.
Expect familiar tactics:
- Recorded statements. Your policy may require cooperation, but get advice first so you don’t guess or downplay injuries.
- Broad medical authorizations that let the insurer dig for pre-existing conditions.
- Early offers. Once you sign a release, you usually can’t reopen the claim.
When the at-fault driver’s insurer offers its full policy limits, Georgia law lets you accept and sign a limited release that protects your UM claim (O.C.G.A. § 33-24-41.1). Signing the wrong kind of release can create problems, so talk to a lawyer before signing anything. Our guide to insurance lowball tactics explains more.
Bad-Faith Penalties and Deadlines
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 bad-faith statute, O.C.G.A. § 33-4-6, cited for UM claims. 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 with a reasonable basis to dispute a claim generally isn’t acting in bad faith.
Timing matters too. A UM claim generally follows the deadline for the underlying injury claim, usually two years from the crash under O.C.G.A. § 9-3-33, and your UM insurer must be properly served within that time. Most policies also require prompt notice of the crash. See our guide to Georgia personal injury deadlines.
Frequently Asked Questions
Is Uninsured Motorist Coverage Required in Georgia?
Georgia requires auto insurers to include UM coverage, but a named insured can reject it in writing. 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.
What Is the Difference Between Added-On and Reduced-By Coverage?
Added-on 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. Added-on is the default unless you selected reduced-by coverage in writing.
Can I Stack UM Coverage on Several Cars in Georgia?
It depends. You may be able to recover under more than one policy that covers you, such as your own policy and a household member’s. Whether coverage on multiple vehicles within one policy can be combined depends on that policy’s language, so have every policy reviewed.
Does UM Coverage Apply to a Hit-and-Run in Georgia?
It can. Georgia requires either actual physical contact between the unknown vehicle and you or your property, or an eyewitness other than you who backs up your account. The crash must also be reported to police as required by O.C.G.A. § 40-6-273. Our UM coverage guide covers hit-and-run rules in more detail.
If you were hurt by an uninsured, underinsured or hit-and-run driver, The Gunn Law Group can review every policy in your household and handle the notices while you focus on recovering. Consultations are free and no-obligation, and there is no fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
