Georgia Uninsured Motorist Coverage (2024): A Simple Guide for Injured Drivers

O.C.G.A. § 33-7-11 (2024) protects Georgia drivers when they’re hit by an uninsured, underinsured, or hit-and-run driver. Here’s what it means for you—and how Keith Leshine Attorney Office can help maximize your personal injury claim.

Key Takeaways at a Glance

• UM coverage is standard unless you reject it in writing.
• Minimum UM limits: $25,000 per person / $50,000 per accident for injuries, and $25,000 for property damage—or you can match your liability limits.
• Two UM types:
  • Add-On (Stacking): Your UM pays on top of the at-fault driver’s coverage—best protection.
  • Reduced-By (Offset): Your UM only covers the difference between the at-fault driver’s limits and your UM limits.
• Hit-and-run claims: Require either physical contact or an independent eyewitness, plus timely accident reporting.
• Bad-faith penalties: If your UM insurer wrongfully refuses to pay after 60 days, you may recover a penalty (up to 25% of recovery or $25,000, whichever is greater) plus attorney’s fees.

Do You Have Enough UM Coverage?

Georgia lets you choose UM limits equal to your liability limits. Selecting add-on UM with higher limits can be the difference between full compensation and unpaid medical bills, lost wages, or pain and suffering.

What Counts as an “Uninsured Motor Vehicle” in Georgia?

• No liability insurance at all.
• Not enough insurance to cover your losses (underinsured).
• Insurer denies coverage or becomes insolvent.
• Hit-and-run or unknown driver (subject to strict rules).

Deductibles You Can Choose

• Bodily injury UM deductibles: $250, $500, or $1,000 (higher possible with state approval).
• Property damage UM deductibles: $250, $500, or $1,000.
• Combined single-limit UM policies combine deductibles into one aggregate.

Hit-and-Run: How to Protect Your Claim

• Report the crash promptly (per O.C.G.A. § 40-6-273).
• Physical contact with the unknown vehicle is usually required, unless an independent eyewitness corroborates your account.
• If the at-fault driver is unknown, you can file suit against “John Doe” and serve your UM insurer.

Lawsuits and Serving Your UM Insurer

• If the at-fault driver is known, you must serve your UM insurer with your lawsuit, as if it were a defendant.
• If the driver is unknown, you can sue “John Doe” and still serve your UM insurer, which can defend in its own name or in the name of “John Doe.”
• Your UM insurer gets time to conduct discovery before any hearing on the merits.

Important Limits and Exclusions

• Umbrella/excess policies do not include UM unless added by endorsement.
• UM coverage may exclude amounts already paid by:
  • Medical payments coverage (MedPay),
  • Workers’ compensation,
  • Other property or physical damage insurance.
• No mandatory arbitration: You can take your UM claim to court and hire counsel.

Bad-Faith Refusal to Pay

If your insurer refuses to pay a valid UM claim within 60 days after demand and a court finds bad faith, you may be entitled to a penalty up to 25% of your recovery or $25,000 (whichever is greater) plus reasonable attorney’s fees—decided in a separate action after a judgment against the uninsured motorist.

How Keith Leshine Attorney Office Helps

• Review your policy to confirm if you have add-on or reduced-by UM and identify all available stacks.
• Preserve hit-and-run claims by ensuring timely reporting and securing eyewitness proof or contact evidence.
• File and serve the right parties (including “John Doe” and your UM insurer) on time.
• Fight bad-faith denials and pursue penalties and attorney’s fees when warranted.
• Maximize recovery for medical bills, lost wages, pain and suffering, and property damage.

Free Case Review

Injured by an uninsured, underinsured, or hit-and-run driver in Georgia? Call Keith Leshine Attorney Office for a free consultation. We’ll explain your UM options, protect your claim, and pursue every dollar you’re owed.

Legal Reference

Based on O.C.G.A. § 33-7-11 (2024). For precise statutory language, consult the Code of Georgia or speak with our office.