Georgia law does not require drivers to carry uninsured motorist (UM) coverage. Even so, many people choose to add it because it may help pay damages after a crash with an uninsured, underinsured, or hit and run driver.
If you were hurt in one of these accidents, our Marietta car accident lawyer will explain how your UM coverage applies, lead talks with the insurance company that is handling your claim, and help you seek all damages available under your policy and Georgia law.
What Insurance Does Georgia Law Require Drivers to Carry?
In Georgia, the law requires every driver to carry minimum liability insurance. This insurance pays for injuries and property damage that you cause to someone else when you are at fault for a crash.
Under Georgia Code § 33-7-11, drivers who live in the state must carry at least:
- $25,000 for bodily injury to one person.
- $50,000 for bodily injury per accident.
- $25,000 for property damage per accident.
These minimum requirements do not include uninsured motorist coverage.
What Is Uninsured Motorist Coverage?
Uninsured motorist insurance helps protect you when the driver who caused the crash cannot fully pay your losses.
If you have a UM policy, it may help cover damages in several situations such as when:
- The other driver has no insurance.
- The other driver does not have enough insurance.
- A hit and run driver leaves the scene and cannot be identified.
- Your damages are greater than the at-fault driver’s liability limits.
This insurance is optional in Georgia, but insurers generally must offer it when a policy is issued. You may reject the coverage in writing if you choose not to buy it.
What Happens if the Other Driver Does Not Have Enough Insurance?
An uninsured motorist policy may also include protection when the at-fault driver’s liability insurance is low to cover all of your damages. This is known as underinsured motorist (UIM) coverage.
The amount available depends on the type of UM coverage you purchased and the limits in your policy. We will review the policy and explain what coverage may be available after the crash.
Why Do Some Drivers Choose Uninsured Motorist Coverage?
If the driver has little or no insurance, collecting damages directly from them may be difficult.
For that reason, some Georgia drivers choose UM coverage because they want added financial protection after a crash.
If the at-fault driver has no insurance or too little insurance, paying for medical care, vehicle repairs, and other losses may become much more difficult.
Depending on your policy, uninsured motorist coverage may help pay damages for medical expenses, lost wages, vehicle damage, pain and suffering, and other covered damages under your policy. The amount available depends on the type and limits of the uninsured motorist coverage you purchased.
Does UM Coverage Apply to Hit and Run Accidents?
In many situations, uninsured motorist coverage provides protection when the at-fault driver cannot be identified. These claims require evidence showing how the crash happened.
Police reports, witness statements, photographs, surveillance video, and vehicle damage may all help support your claim.
Common Injuries After an Uninsured Driver Crash in Georgia
Depending on the collision, people may suffer:
- Whiplash
- Broken bones
- Head injuries
- Brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal bleeding and organ damage
- Cuts and burns
- Amputations
Some injuries require weeks or months of treatment. Medical records often play an important role in showing the full extent of your damages. Our Marietta catastrophic injury lawyer will gather the evidence needed to show how your injuries have affected your health and daily life.
What Should You Do After an Accident With an Uninsured Driver?
If you get into a crash with a driver with no insurance, report the crash to law enforcement and seek medical care as soon as possible. Prompt treatment creates a record of your injuries and helps protect your health.
Tell your insurance company about the accident. If you have uninsured motorist coverage, your insurer will likely investigate the claim and review your policy before deciding what benefits may apply.
Keep photographs, repair estimates, medical records, and any letters or emails from the insurance company. Our car accident lawyers will review this information, handle conversations with the insurance company, and work to present a well-supported claim for damages.
If we have to file a lawsuit, we will explain each step before moving forward.
Will the Insurance Company Automatically Pay a UM Claim?
Even if you file a claim under your insurance policy, the insurance company will usually look into the accident before deciding whether coverage applies and how much it believes it owes.
The insurer may request medical records, repair estimates, photographs, or other evidence before making a decision. If questions or disagreements arise, we handle communications with the insurer.
How Long Do You Have to File a Lawsuit in Georgia?
Georgia generally gives injured people two years from the date of the accident to file a personal injury lawsuit. This deadline appears in Georgia Code § 9-3-33.
Some situations involve different deadlines, and if you miss the deadline, you risk losing your right to seek damages. Speaking with a lawyer from our team soon after a crash is often the best way to protect your rights.
Talk With Jones & Swanson About Georgia Uninsured Motorist Coverage
People have questions about uninsured motorist coverage after a serious accident, especially when the insurance company starts asking for statements, medical records, or other information.
Jones & Swanson will explain your options, answer your questions, and help you make the right decisions for you and your family. With more than 50 years of combined experience, our firm has helped people throughout Georgia recover damages after serious accidents. We have recovered more than $50 million for clients and have the resources to handle complex cases.
As a smaller firm by choice, our attorneys provide personal attention and will return your phone calls and emails. Unlike the big box firms that you see on TV, we take time to answer your questions.
Even though UM coverage is not required in Georgia, understanding how it works could make a difference in your case. Call us today for a free consultation to discuss your options.
