Uninsured motorist (UM) coverage is the most important coverage on every Georgia auto policy – and the one most drivers misunderstand. With roughly 12% of Georgia drivers uninsured and many more carrying minimum $25,000 policies, UM coverage often determines whether an injured victim recovers anything at all.
What OCGA 33-7-11 requires
Georgia law under OCGA 33-7-11 requires every auto insurance carrier to offer UM coverage equal to your bodily injury liability limits. Drivers can reject UM coverage, reduce limits, or accept it. The rejection or reduction must be in writing – oral waivers are not valid. If your insurer cannot produce a signed UM rejection, you may have UM coverage equal to your liability limits regardless of what you “thought” you bought.
Types of UM coverage
Georgia offers two distinct UM coverage types – “added on” (sometimes called “stacking”) and “reduced by.” Added-on UM stacks on top of the at-fault driver’s liability coverage. If the at-fault driver has $25,000 and you have $100,000 added-on UM, the total available is $125,000.
Reduced-by UM (also called traditional UM) is reduced by the at-fault driver’s liability coverage. The same $100,000 reduced-by UM in the same crash provides only $75,000 of additional coverage on top of the at-fault driver’s $25,000.
Added-on UM is more valuable and slightly more expensive. Most Georgia agents do not explain the difference. Check your declarations page.
Hit and run claims
UM coverage applies when the at-fault driver flees the scene and cannot be identified. Georgia law treats hit and run drivers as uninsured for UM purposes. You must report the crash to police within a reasonable time and there must be evidence of physical contact (some jurisdictions allow non-contact “phantom vehicle” claims with corroborating witness evidence).
Your insurer is not on your side
A common misconception is that “my own insurance company will take care of me” on a UM claim. They will not. UM claims are adversarial – your insurer steps into the shoes of the at-fault driver and defends the claim like any liability insurer. They will dispute liability, dispute injuries, deny coverage, and offer pennies on the dollar.
UM bad faith claims under OCGA 33-7-11(j) and OCGA 33-4-6 allow recovery of attorney fees and 50% penalties when an insurer refuses to pay a clear UM claim, but these claims require proper pre-suit notice and strong evidence.
Stacking multiple policies
Georgia allows stacking of UM policies in certain circumstances. If you have multiple vehicles on a single policy or multiple policies in your household, you may be able to combine UM limits. Stacking rules are complex and depend on policy language and household relationships.
UM claims are subject to the 2-year statute of limitations under OCGA 9-3-33. Get a free evaluation to understand all UM coverage available to your Georgia accident claim.