All About Uninsured Motorist Claims in Georgia

Conoscienti & Ledbetter

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How do uninsured motorist claims in Georgia work? Conoscienti and Ledbetter has all the information you need. Contact us for guidance and legal help.

Blake Ledbetter Atlanta AttorneyAuthor: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter

Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on September 09, 2023.

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What Is Uninsured Motorist Coverage?

Driving without insurance may trigger license suspension and fines in Georgia. Still, not all drivers carry auto insurance or the required liability insurance coverage. In an ideal situation, when accidents happen, the at-fault driver will have enough coverage to compensate for the victim’s injuries. Nevertheless, this is not always the case in Georgia automobile accidents.

An uninsured driver does not have an automobile liability policy to cover damages. So, uninsured motorist coverage (UMC) protects you when you get into accidents with such drivers. It allows you to present a compensation claim to your insurance company.

Uninsured motorist coverage helps pay for your property damage or bodily injury. It differs from underinsured motorist coverage, where the at-fault driver has insufficient insurance.


Is Uninsured Motorist Coverage Mandatory in Georgia?


In Georgia, uninsured motorist coverage is optional but recommended. Without it, you may incur out-of-pocket expenses for car repairs and medical bills. If you provide transportation services like Uber, you may have concerns about the Uber car accident insurance limits.

With the increasing number of uninsured motorists on the road, UMC can provide financial protection and peace of mind. Talking to an Atlanta Uber accident lawyer about the appropriate insurance options is advisable.

How Does Uninsured Motorist Coverage Work?

Georgia law (GA code 33-7-11) requires insurance companies to offer UMC equal to the minimum liability coverage. The minimum motorist coverage in Georgia includes:

  • Bodily injury liability insurance (per person): $25,000

  • Bodily injury liability insurance (per accident): $50,000

  • Property damage liability insurance: $25,000

Bodily injury UMC covers lost wages and medical expenses for you and your passengers. It also protects you if you were a victim of a hit-and-run in Georgia. Property damage UMC covers damages to your car but not from a hit-and-run driver.

The minimum amount may not cover the costs incurred in a serious car accident. You may adjust the amount depending on your individual needs or circumstances. But, it must not be below the minimum requirement of $25,000.

The minimum coverage for larger vehicles like trucks differs from regular car insurance. The required amount is at least $100,000 per person and $300,000 per accident. Was your vehicle hit by an uninsured driver of a stolen truck? A good truck accident lawyer can explain the policies that apply in your case.

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Limits of Uninsured Motorist Insurance

The limits of uninsured motorist insurance are presumed equal to your liability coverage. For example, if your liability limit is $75,000, your UMC is $75,000. You may opt out of UMC or purchase a lower UMC.

Uninsured motorist coverage may be excess coverage or difference in limits coverage. Excess coverage provides coverage up to the liability limits of the uninsured motorist coverage. For example, the at-fault driver’s liability coverage is $25,000, and your excess coverage is $50,000. In that case, you will have $75,000 in uninsured motorist coverage.

The difference in limits considers the at-fault party uninsured only for the difference between the liability coverage and UMC. For example, where the at-fault driver has $25,000 liability coverage, and the difference in limit UMC is $75,000, you would have $50,000 available UMC.

Therefore, purchasing an uninsured motorist claim above the minimum liability limits is recommended. You may be left without a remedy for your car damages and injuries by failing to do so. Atlanta lawyers will work hard to ensure you receive adequate compensation.

Uninsured Motorist Claims Process

If you were involved in an accident with an uninsured driver, you may bring an uninsured motorist claim. The time frame for filing an uninsured motorist claim in a Georgia court is two years. If you file a claim with your insurer, you must notify them on time.

You may file an uninsured motorist coverage in the following situations:

  • There was no insurance policy or liability coverage in effect at the time of the accident

  • There is an applicable insurance policy, but the insurer refuses coverage or is insolvent

  • The identity of the driver cannot be verified (e.g., hit-and-run accidents)

After filing the UMC, your insurance company will process your claim like an insured driver hit you. The difference is that the claim is not against the at-fault party’s insurance company but your own. The UMC will reimburse you for losses up to your auto insurance policy limits. You will have to pay for any damages exceeding those limits.

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    What to Do If You Have Been in an Accident With an Uninsured Driver?

    Motor accidents have intense physical and financial consequences. If you are involved in one, you should do the following:

    • Call the police: Once the police arrive, they can take statements to determine who was at fault. Officers usually perform a preliminary investigation and create an accident report.

    • Get contact information: If possible, collect the address and phone number of the driver at fault. You can also record the license plate number on the vehicle. If there are any witnesses present, you should get their contact information.

    • Seek medical attention: You should ensure you are safe after an accident. If you or a passenger in your vehicle is injured, you must visit the hospital immediately. Some injuries are not easily detectable, and a physician can help you trace developing symptoms.

    Get in Touch With an Uninsured Motorist Attorney Today

    Were you hit and injured in an accident with an uninsured driver? Are you feeling overwhelmed by the situation? You should not fight the battle alone; our lawyers are here to help. At Conoscienti and Ledbetter, we understand the complexities of uninsured motorist claims.

    Our legal team can assess your situation and handle your uninsured motorist claim. We can guide you through the entire process and fight for fair compensation. Georgia is an at-fault state, and insurance companies only pay to the extent of the other driver’s fault.

    Our lawyers are familiar with how insurance companies operate. We know that they may try to undervalue or deny your claims. So, we will investigate the cause of your accident and collect evidence to help you claim. We can also interview any witnesses present on the day of the accident.

    Our team will work to show that the other driver was at fault. We will work hard to protect your rights and recover your claim appropriately.

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