Car Accident
Fry | Goehring successfully helps the injured recover the compensation they deserve.
Cases We Handle
Personal Injury
Understanding Uninsured and Underinsured Motorist Coverage in Georgia
It’s bad enough when you’re in a crash that results in injuries. But it can be much worse if the at-fault driver flees the scene, does not have insurance, or doesn’t have enough insurance. Typically, the at-fault driver’s auto liability insurance helps pay for injuries and damages the policyholder has caused to others.
When a person without enough insurance, or any coverage at all, causes an accident, victims and their families face the possibility of financial hardships. Uninsured or underinsured motorist coverage in Georgia can help protect you and your loved ones from such devastation. But is uninsured motorist coverage required in Georgia? And how much can I get from an underinsured motorist claim?
Definition of Uninsured/Underinsured Motorist Coverage in Georgia
Uninsured/underinsured motorist coverage (UM/UIM) is a type of car insurance intended to protect you, the policyholder, in the event of an accident involving a driver without required insurance. This coverage can help you pay for expenses such as medical bills or repairs to your vehicle if you’re in an accident and the other driver lacks adequate coverage.
In Georgia, UM/UIM coverage is not mandatory. However, insurance companies are required to offer it unless you specifically decline it in writing. Typically, the amount of UM/UIM coverage matches your liability coverage, although you can choose different limits based on your needs.
Georgia's Legal Requirements for Uninsured Motorist Coverage
According to recent data from the Insurance Research Council (IRC), 14% of U.S. drivers do not have car insurance. These numbers are relevant to all drivers because Georgia is an “at-fault” state, meaning that having liability insurance coverage for your vehicle is mandatory. This requirement not only ensures compliance with the law but also provides financial protection in the event of an accident.
However, some drivers may not have adequate insurance coverage, creating potential issues for other drivers. To address this concern, uninsured and underinsured motorist (UM/UIM) coverage helps protect drivers who get into accidents with individuals who do not have sufficient insurance to cover damages.
To stay compliant with Georgia auto insurance laws, drivers need to be aware of uninsured motorist coverage and ensure they have sufficient insurance coverage while driving. Understanding the fundamental aspects of UM coverage is like having an extra level of protection to cover you when the at-fault driver does not have enough insurance.
Minimum Liability Coverage and Georgia Law
In Georgia, motorists must have minimum liability coverage when operating a vehicle on public roads. This legal requirement mandates insurance covering bodily injury and property damage liability. The main objective of this requirement is to protect all parties involved in accidents and ensure that those responsible for causing accidents take financial responsibility for the resulting injuries and damage.
Georgia law requires you to have at least $25,000 of coverage for injuries per person, up to a total of $50,000 per accident, and $25,000 of coverage for property damage. This is called 25/50/25 coverage. Below is a closer look at what is covered under liability insurance in Georgia.
Minimum Bodily Injury Coverage
Georgia law mandates a minimum bodily injury coverage of $25,000 per person and $50,000 per incident. The insurance coverage provides compensation for:
- Medical expenses
- Rehabilitation costs
- Legal fees that may arise as a result of injuries suffered by individuals involved in an accident where the insured driver is at fault
- Coverage for funeral expenses in the event of a fatality
Minimum Property Damage Coverage
The minimum property damage coverage required by Georgia law is $25,000 per incident. Property damage coverage pays for:
- Repairs to other vehicles
- Damage to public property, such as fences, utility poles, or buildings, resulting from an accident caused by the insured driver
- Financial losses for other parties affected by the accident
Legal Requirements for UM Coverage in Georgia
In Georgia, uninsured motorist coverage is not a must-have for drivers. However, insurance companies operating in the state are required to offer UM coverage to policyholders unless explicitly declined in writing by the insured individual. That means that while UM coverage is not mandatory, it is automatically included in insurance policies unless the policyholder opts out.
Georgia insurance companies typically provide UM coverage with limits equal to the minimum liability coverage limits unless the insured individual selects higher limits or rejects the coverage altogether. This ensures that motorists have the option to protect themselves financially in the event of accidents involving uninsured motorists without being forced to purchase coverage if they choose not to.
Comparing Uninsured and Underinsured Motorist Coverage
Let’s break it down. If someone doesn’t have insurance at all, they’re considered an uninsured motorist. On the other hand, an underinsured motorist is someone who doesn’t have enough insurance to cover all the damages. Now, here’s where it gets interesting: Imagine that your uninsured/underinsured motorist coverage is more than the at-fault driver’s liability coverage. In that case, your UM insurance steps in to cover the gap between your policy and theirs. It’s like having an extra safety net to ensure you’re protected when the unexpected happens.
Uninsured Motorists
Sadly, there’s a significant number of drivers on Georgia roads with insurance policies that fail to meet Georgia’s minimum liability requirements, or they have insurance with a company that may not be able to pay for their claim. This includes those who do not have any insurance on their vehicle.
In the event of an accident with an uninsured motorist who is at fault, you may need to file an uninsured motorist claim with your own insurer. Even when you have UM coverage, it may still be necessary to hire a Fry Goehring car accident attorney to ensure that your interests are protected and that your insurance company acts in good faith on your behalf.
Underinsured Motorists
There are also underinsured motorists. You may possess insurance that may not be adequate to cover the expenses of an accident. For example, if you’re involved in an accident and your car insurance policy is only $400,000, but the total damages incurred because of the accident are $600,000, there will be a shortfall of $200,000.
If you’ve purchased UIM coverage for the full amount of $600,000, you can file a claim for the difference. Employing the services of a Fry Goehring lawyer can help ensure that you’re not held responsible for any additional expenses.
Understanding Policy Limits in Uninsured Motorist Coverage
In Georgia, in addition to liability insurance coverage, there are two essential types of car insurance coverage: uninsured motorist coverage and underinsured motorist coverage. These coverages help cover the costs of your medical expenses and vehicle damage if you are involved in an accident with a driver who does not have enough insurance to pay for the damage.
The amount of UM/UIM coverage must match the amount of liability insurance you carry. Liability insurance covers you if you cause an accident and damage someone else’s car or cause them personal injury. Therefore, if you carry $50,000 in liability insurance, you will also have $50,000 in UM/UIM coverage.
There are two types of UM/UIM coverage: traditional (non-stacking) and new (stacking) insurance.
- Traditional coverage only allows you to file a claim if your UM/UIM coverage exceeds the at-fault driver’s liability insurance. For instance, if the other driver has $25,000 in liability insurance and you have $25,000 in UM/UIM coverage, you won’t be able to use your UM/UIM coverage. However, if you have $50,000 in UM/UIM coverage, you can use $25,000 from your own policy.
- If you have new (stacking) UM/UIM coverage, you can always use your coverage, regardless of the amount of liability insurance the at-fault driver has. For example, if the other motorist has $25,000 in liability insurance and you have $50,000 in UM/UIM coverage, you can use both to cover your expenses for a total of $75,000.
If you’re wondering, “How much can I get from an underinsured motorist claim?” The knowledgeable Georgia car accident attorneys at Fry Goehring have the answers you need. Our team of experienced auto accident attorneys is ready to guide and support you every step of the way. We fight for what you deserve, even if that means taking on some of the nation’s biggest insurance companies.
How Uninsured Motorist Coverage Protects You in an Accident
Navigating the aftermath of a car accident can be overwhelming, especially if the at-fault driver doesn’t have insurance. That’s where uninsured motorist coverage in Georgia comes in. But how exactly does this coverage protect you after a crash in Georgia?
- Coverage for medical expenses: Uninsured/underinsured motorist coverage is an essential addition to your auto insurance policy. The coverage can help cover medical expenses, hospitalization, rehabilitation, and other healthcare expenses that result from injuries sustained in the accident. With UM coverage, you can access necessary medical care without worrying about the financial burden, which can go a long way in giving you peace of mind while you recover.
- Compensation for lost wages: Uninsured motorist coverage provides compensation for lost wages if you are unable to work due to an accident-related injury. The coverage helps alleviate the financial strain caused by missed workdays or reduced earning capacity during recovery.
- Vehicle repair or replacement: If an uninsured or underinsured driver causes damage to your vehicle in an accident, the coverage can provide financial assistance for repairing or replacing it. This coverage can help you avoid the full financial responsibility of repairing or replacing your vehicle.
- Protection against hit-and-run accidents: The coverage provides additional protection where the responsible driver flees the scene and cannot be identified. In such cases, UM coverage compensates for any damages incurred, regardless of whether the responsible driver is found or has insurance.
- Legal expenses coverage: UM coverage may provide coverage for legal expenses in case you need to file a lawsuit against an uninsured driver for damages. This coverage can help cover expenses related to attorney fees, court costs, and other legal fees associated with seeking compensation for your losses.
Contact Our Uninsured Motorist Coverage Lawyers in Georgia
In Georgia, UM/UIM coverage is crucial for your safety in case of an accident with an uninsured or underinsured driver. While not mandatory, it’s not just any other optional add-on to your insurance policy but a necessity for complete protection on the road.
Navigating insurance claims and interacting with insurance company representatives can often be draining, even when dealing with your own insurance company. After all, insurance companies are out to protect their interests and bottom lines. This is why you should talk to a skilled car accident lawyer near you as soon as possible after a crash in Georgia.
You don’t have to deal with the aftermath of a crash all by yourself. At Fry Goehring, we can help review and explain all the relevant auto insurance policies and aggressively pursue the fair settlement you deserve. Your initial consultation is free. So contact us online or call us at 404-969-1284 today to get started.
Our Values
What Our Work Means
- Our Firm is Dedicated to Giving Back to the Community We Serve
- We Communicate Effectively & Take the Time to Understand Your Pain
- Our Attorneys Are Backed by Over 20 Years of Legal Experience
Free Consultations Available
Contact Our Offices
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (404) 969-1284.
