The Other Driver Has No Insurance in Georgia: How Your UM Coverage Works

In short: if the driver who hit you has no insurance, or too little, your own policy may pay through uninsured motorist (UM) coverage. In Georgia, insurers must offer it with every auto policy, and it can only be rejected in writing. Check your policy before accepting that "there is no money."

The driver who hit me has no insurance. What do I do?

First, get medical care and ask for the police report number. Then check whether your own auto policy has uninsured motorist (UM) coverage. It pays for your injuries as if it were the other driver's insurance. Notify your insurer promptly and do not sign anything before talking to a lawyer.

What is uninsured motorist (UM) coverage?

It is part of your own policy that pays your damages when the at-fault driver has no insurance, not enough insurance, or cannot be identified. In Georgia, insurers must include it in every auto policy, with limits equal to your liability limits or the legal minimums ($25,000 per person, $50,000 per accident and $25,000 for property damage), depending on what you chose. It does not apply only if someone named on the policy rejected it in writing (O.C.G.A. § 33-7-11).

Does my UM coverage add on top of the other driver's insurance?

It depends on which type you chose. Georgia has two:

• Add-on coverage (the general rule): your UM pays in addition to what the at-fault driver's insurance pays, up to your losses.
• Reduced coverage: if you chose it in writing, your UM pays only the difference between the at-fault driver's insurance and your UM limit.

Example: the at-fault driver has $25,000 of insurance and you have $50,000 of UM. With add-on coverage, up to $75,000 may be available if your damages reach that amount. With reduced coverage, the total available would be $50,000. Your policy's declarations page says which one you have.

I insure several cars. Do the limits combine?

Sometimes yes, sometimes no. Whether limits from several cars or policies can be combined depends on what your policies say, and many prohibit it in writing. No one can give you a number without reading your policies. That is why we ask for copies of every policy in your household.

The other driver fled. Will my insurance pay?

It may. Georgia law treats an unknown driver as an uninsured driver, with conditions: there must have been physical contact between the other vehicle and you or your vehicle, or an eyewitness other than you who confirms what happened. You must also have reported the crash to police as the law requires (O.C.G.A. § 40-6-273). When the driver is unknown, the lawsuit can be filed against "John Doe" and the insurer defends in that name.

Video from nearby businesses and cameras is erased within days. If it was a hit-and-run, call us right away.

What if my own insurer refuses to pay?

You only have to prove that the other driver was at fault and the value of your damages. If your insurer refuses in bad faith to pay within 60 days of a formal demand, Georgia law allows an additional penalty (O.C.G.A. § 33-7-11). These claims have their own steps and deadlines; talk to a lawyer before responding to your insurer.

Check your policy: quick list

1. Find your policy's declarations page (the sheet that lists your coverages and limits).
2. Look for "Uninsured Motorist" or "UM" and write down the per-person and per-accident limits.
3. Look for "added on", "add-on", "reduced by" or "reducing". That tells you whether your coverage adds on or is reduced.
4. If there are other cars or policies in your household, gather those pages too.
5. Bring us or send us a photo of those pages for the consultation. Consultations for accident cases are free.

This page is general information about Georgia law, not legal advice for your case. Reading it does not create an attorney-client relationship.

Sources

• O.C.G.A. § 33-7-11, uninsured motorist coverage
• O.C.G.A. § 40-6-273, duty to report accidents