Getting into a car accident is stressful enough. But discovering the at-fault driver has no insurance, or not enough, adds immense financial burden. In Georgia, where many drivers are uninsured, this is a significant risk. This is precisely why Uninsured Motorist (UM) coverage is a critical component of your auto insurance policy.
At Burrow & Associates, we help accident victims navigate the complexities of UM claims, ensuring they receive the protection they deserve.
What is Uninsured Motorist (UM) Coverage?
Uninsured Motorist (UM) coverage is a part of your own auto insurance policy that protects you and your passengers if you’re involved in an accident with a driver who:
- Has no auto insurance: The at-fault driver is completely uninsured.
- Has insufficient insurance (Underinsured Motorist – UIM): Their liability limits are too low to cover your full damages.
- Is a hit-and-run driver: The at-fault driver cannot be identified.
Essentially, UM coverage steps in to pay for your damages as if the at-fault driver had adequate liability insurance, ensuring your losses are covered even when the responsible party cannot pay.
Types of Uninsured Motorist Coverage in Georgia
Georgia law (O.C.G.A. § 33-7-11) requires insurers to offer UM coverage, and policyholders must reject it in writing if they don’t want it. There are two primary types:
- Excess (Add-On) UM: This is generally the most robust option. Your UM limits are added on top of any liability coverage the at-fault driver might have.
- Example: If the at-fault driver has $25,000 liability and you have $100,000 Excess UM, your total available coverage would be $125,000 ($25,000 from their policy + $100,000 from your UM).
- Difference in Limits (Offset/Reduced-By) UM: Your UM limits are reduced by the amount of liability coverage the at-fault driver has.
- Example: If the at-fault driver has $25,000 liability and you have $100,000 Difference in Limits UM, your UM coverage would only pay $75,000 ($100,000 your UM – $25,000 their liability), for a total of $100,000 in available coverage.
How Does Uninsured Motorist Coverage Work After an Accident?
If you’re in an accident with an uninsured or underinsured driver in Georgia:
- Ensure Safety & Report: Secure the scene, call 911 for police and medical assistance. Obtain a police report.
- Gather Evidence: Collect contact information, vehicle details, witness statements, and photos of all damages and injuries.
- Notify Your Insurer: Report the accident to your own insurance company promptly. Timely notification is crucial for a UM claim.
- Claim Assessment: Your insurer will investigate. You’ll provide documentation like medical bills, lost wage statements, and repair estimates.
- Payment: If your claim is approved, your UM policy pays for your damages up to your policy limits, effectively substituting for the at-fault driver’s missing or insufficient insurance.
What Does Uninsured Motorist Coverage Pay For?
UM coverage can compensate you for a wide range of damages, much like a standard liability policy would if the at-fault driver had one:
- Bodily Injury (UMBI):
- Medical expenses (emergency care, hospitalization, doctor visits, therapy, medications)
- Lost wages and earning capacity
- Pain and suffering
- Disability and disfigurement
- Funeral expenses
- Property Damage (UMPD):
- Damage to your vehicle
- Damage to other personal property inside your vehicle
Georgia law (O.C.G.A. § 33-7-11(a)(1)) generally requires insurers to offer at least $25,000 per person / $50,000 per accident for bodily injury, and $25,000 for property damage. Higher limits are strongly recommended.
Stacked vs. Unstacked Uninsured Motorist Coverage in Georgia
This decision significantly impacts your potential payout:
| Feature | Stacked UM Coverage | Unstacked UM Coverage |
| Concept | Combines UM limits from multiple vehicles on the same policy (or sometimes across different policies under your name) to create a higher total amount available for a single accident. (O.C.G.A. § 33-7-11(b)(1)(D)) | Your UM coverage limits apply separately to each vehicle and cannot be combined. |
| Example | Two cars, each with $50,000 UM coverage: $100,000 available for one accident. | Two cars, each with $50,000 UM coverage: Only $50,000 available for one accident, regardless of how many vehicles you insure. |
| Protection | Provides significantly greater financial protection. | Provides less total protection. |
| Premium | Typically comes with a higher premium. | Generally has a lower premium. |
| Recommendation | Often recommended for maximum security, especially if you own multiple vehicles. | Might be chosen for lower costs, but leaves you more exposed if damages exceed single-vehicle limits. |
Why is Uninsured Motorist Coverage Crucial for Georgia Drivers?
Despite mandatory insurance laws, a significant portion of Georgia drivers (estimated around 12-18%) are uninsured. This makes UM coverage indispensable:
- Essential Financial Protection: Prevents you from bearing massive out-of-pocket costs for medical care, lost wages, and vehicle repairs when the at-fault driver is uninsured or underinsured.
- Hit-and-Run Safeguard: Provides coverage for accidents where the responsible driver flees the scene.
- Fills Coverage Gaps: Ensures you’re compensated even when the at-fault driver’s minimal insurance isn’t enough.
- Streamlined Recovery: Allows you to claim through your own policy, potentially leading to faster compensation compared to pursuing an uninsured driver directly.
- Peace of Mind: Drive confidently knowing you’re protected against one of the most common and costly risks on Georgia roads.
Contact Burrow & Associates After an Uninsured Motorist Accident
If you’ve been injured by an uninsured or underinsured driver in Atlanta or anywhere in Georgia, securing fair compensation can be complex. Your own insurance company may not automatically offer the full amount you deserve, or you might be unaware of your full policy rights, especially concerning different types of UM or stacking.
The experienced car accident attorneys at Burrow & Associates specialize in navigating these complex claims. We will:
- Thoroughly review your auto insurance policy to identify all available UM/UIM benefits.
- Gather robust evidence to prove your damages and the at-fault driver’s negligence.
- Strategically negotiate with your insurance company to maximize your compensation.
- Handle all legal procedures, allowing you to focus on your recovery.
Don’t face an uninsured motorist claim alone. Contact us today for a free consultation to understand your rights and ensure you receive the compensation you truly deserve.
