You did everything right. You followed state rules, paid for your insurance, and trusted that other drivers on the road did the same. Then, one careless driver changed everything. Your car is wrecked, you’re in pain, and now you find out the person who hit you doesn’t have enough insurance to cover your losses… or worse, has none at all.
It feels unfair because it is unfair. But here’s the good news: you still have options, and you’re not powerless. Georgia law provides a safety net called uninsured and underinsured motorist coverage, and a Savannah car accident lawyer can help make the difference between financial ruin and full recovery by protecting your rights and pursuing every available source of compensation.
Key Takeaways About Georgia UM and UIM Claims
- Uninsured motorist (UM) coverage helps if the driver who hit you has no insurance or flees the scene.
- Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance isn’t enough to cover your medical bills and losses.
- Georgia law allows you to “stack” certain types of UM/UIM coverage to increase your available compensation.
- Insurance companies often delay, deny, or underpay UM claims, but having an attorney ensures you’re treated fairly.
- You must act quickly; deadlines for filing UM/UIM claims and lawsuits in Georgia are strict.
What to Do When the At-Fault Driver Doesn’t Have Enough Insurance
A serious crash can cost far more than most drivers’ insurance limits. Georgia only requires minimum liability coverage of:
- $25,000 for bodily injury per person
- $50,000 per accident
- $25,000 for property damage
That barely scratches the surface when you’re facing surgeries, long-term therapy, or months of lost wages. Many drivers carry only these minimums, and some drive with no insurance at all, in violation of state law.
After an accident, you might expect the other driver’s insurance company to handle everything. But when their policy maxes out or doesn’t exist, it’s your own uninsured/underinsured motorist (UM/UIM) coverage that can step in to protect you, especially when the first offer of a car accident settlement falls far short of covering your true medical costs, lost income, and long-term impact.
What Is Uninsured Motorist (UM) Coverage?
Uninsured motorist (UM) coverage protects you when:
- The driver who caused your accident has no auto insurance.
- The at-fault driver’s identity is unknown (as in a hit-and-run).
- The other driver’s insurance company denies coverage or goes out of business.
In these cases, your UM coverage acts as a substitute for the missing insurance, paying for your injuries and damages just as if the other driver had proper coverage.
UM coverage typically includes:
- Medical expenses
- Lost wages and reduced earning ability
- Pain and suffering
- Property damage
What Is Underinsured Motorist (UIM) Coverage?
Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance isn’t enough to fully compensate you. For example:
If your injuries and damages total $100,000, but the other driver’s policy only covers $25,000, your UIM coverage can help fill the $75,000 gap, depending on your policy limits. This protection is vital in serious injury cases, where medical costs can easily exceed the minimum liability coverage.
Georgia Law and UM/UIM Coverage
Under Georgia law, insurance companies are required to offer UM/UIM coverage when you purchase your policy. You can reject this coverage, but only in writing. That means unless you specifically declined it, you probably already have this coverage.
Even better, Georgia allows two types of UM/UIM coverage:
- “Added-On” (Stacked) Coverage: This is the most powerful protection. It adds your UM/UIM coverage on top of the at-fault driver’s limits.
- Example: The at-fault driver has $25,000 in coverage, and you have $50,000 in UM coverage. You can collect up to $75,000 total.
- Example: The at-fault driver has $25,000 in coverage, and you have $50,000 in UM coverage. You can collect up to $75,000 total.
- “Reduced-By” Coverage: This subtracts the at-fault driver’s coverage from your UM limit.
- Example: The at-fault driver has $25,000 in coverage, and you have $50,000 in UM coverage. You can collect up to $25,000 more.
- Example: The at-fault driver has $25,000 in coverage, and you have $50,000 in UM coverage. You can collect up to $25,000 more.
If you’re not sure which type of coverage you have, a knowledgeable accident lawyer can review your policy and determine how much compensation may be available.
What UM/UIM Coverage Can Pay For
When the other driver’s insurance isn’t enough, your UM/UIM policy can cover:
- Medical expenses – Hospitalization, surgery, physical therapy, medication, and future treatment.
- Lost income – Wages missed during recovery and loss of future earning capacity.
- Pain and suffering – Physical pain, emotional distress, and decreased quality of life.
- Permanent disability or disfigurement – When injuries cause a lasting impact.
- Property damage – Repairs or replacement of your vehicle.
Even though this coverage comes from your own insurer, you’re still filing a claim against your insurance company. This may surprise you, but you’re still dealing with an adversary, which is why it’s often smart to get an attorney for a car accident so someone is protecting your interests, not the insurer’s bottom line or profit margins.
Why UM/UIM Claims Are So Difficult
Many people assume that because UM/UIM claims involve their own insurance, the process will be simple. Unfortunately, that’s rarely true.
Insurance companies may:
- Delay your claim, hoping you’ll give up or settle for less.
- Deny coverage, claiming you weren’t “legally entitled” to recover.
- Dispute the severity of your injuries or the medical necessity of your treatment.
- Offer low settlements that don’t come close to your actual losses.
Your lawyer’s job is to fight these tactics and make the insurance company honor the policy you’ve been paying for all along.
5 Crucial Steps to Take After a Crash with an Uninsured or Underinsured Driver
If you’ve been hit by someone with little or no insurance in Georgia, take these steps to protect your right to recover compensation:
1. Report the Accident to Police and Your Insurer
A police report provides critical evidence for your UM/UIM claim. It should include the other driver’s insurance details or indicate if they were uninsured. Notify your insurer as soon as possible because many policies have strict notice deadlines.
2. Get Medical Attention Immediately
Even if you feel fine, some injuries (like concussions or soft-tissue damage) take time to develop. Delaying treatment could give the insurer an excuse to question your claim.
3. Keep All Evidence and Records
Save photos, witness contact information, repair estimates, and every medical bill or record related to the accident and your losses. The more proof you have, the stronger your case will be.
4. Don’t Talk to the Other Driver’s Insurer
If the at-fault driver’s insurance company calls, refer them to your lawyer. Anything you say could be twisted to minimize your recovery.
5. Call a Georgia Car Accident Lawyer
The sooner you involve a lawyer, the better. Your attorney can investigate the crash, identify all sources of coverage, and handle every negotiation, including insurance in a Georgia car accident, without charging you anything up front.
What is the Role of a Personal Injury Lawyer in UM/UIM Claims?
Filing a UM or UIM claim is more complex than most people realize. It’s not just paperwork; it’s a fight over liability, coverage interpretation, and value.
When you choose a dedicated injury lawyer, they will:
- Review your policy to determine available UM/UIM coverage.
- Prove fault against the uninsured or underinsured driver.
- Calculate your total damages, including future costs.
- Negotiate with your insurer for fair compensation.
- File suit if your insurer refuses to pay what’s fair.
Georgia law requires certain procedures for UM/UIM claims, including notifying your insurer before settling with the at-fault driver. A single mistake could jeopardize your claim, which is why legal representation is critical.
Georgia’s Comparative Negligence Rule
Georgia follows a modified comparative negligence system. That means if you were partly at fault for the crash, your compensation will be reduced by your percentage of fault, but you can still recover damages as long as you’re less than 50% responsible.
Insurance companies often use this rule to shift as much blame as possible to avoid paying in full. A strong lawyer will push back with evidence like accident reconstruction, witness testimony, or surveillance footage to keep responsibility where it belongs.
When to Use Uninsured vs. Underinsured Coverage
The distinction between uninsured and underinsured coverage often confuses accident victims. Here’s a simple guide:
| Scenario | Coverage Type | Example |
| The other driver has no insurance at all | Uninsured Motorist (UM) | A hit-and-run driver or someone whose policy was canceled. |
| The other driver’s insurance doesn’t cover your full losses | Underinsured Motorist (UIM) | They have $25,000 in coverage, but your hospital bills are $80,000. |
| You were a pedestrian, cyclist, or passenger hit by an uninsured vehicle | UM or UIM (depending on fault coverage) | You can often use your own UM coverage even if you weren’t driving your own car. |
A skilled attorney can analyze your policy and determine which type (or combination) applies.
What If You Were a Passenger or Pedestrian?
Even if you weren’t driving, you may still be covered. UM/UIM coverage generally follows the person, not just the vehicle.
You may be eligible to file under:
- Your own UM/UIM policy.
- The policy of the driver of the vehicle you were in.
- A household member’s auto insurance policy (if you live together).
A lawyer can review all potential sources to make sure no policy goes untapped.
What are the Deadlines for Filing UM/UIM Claims in Georgia?
The statute of limitations for most personal injury claims in Georgia is two years from the date of the accident. However, UM/UIM claims can have shorter notice requirements written into your insurance contract.
Some policies require you to notify your insurer of a potential UM claim within 30 to 60 days, especially for hit-and-run accidents. Failing to meet these notification and filing deadlines could forfeit your right to compensation.
Your designated attorney will handle all notifications and filings to keep your claim safe and compliant.
Why UM/UIM Coverage Is Worth Every Penny
Many people reject UM/UIM coverage to save a few dollars on premiums. Sadly, they regret this decision when disaster strikes. Georgia has one of the highest uninsured driver rates in the country. According to the Insurance Information Institute, roughly 19% of Georgia drivers are uninsured, so maintaining this coverage is especially important if you live and drive in Georgia.
UM/UIM coverage is one of the smartest, most affordable investments you can make for your family’s safety. It’s protection against someone else’s irresponsibility, and it’s often the only way to ensure you’re fully compensated after a crash.
Frequently Asked Questions About UM/UIM Claims in Georgia
Do I need a lawyer to file a UM or UIM claim?
You can file on your own, but it’s risky. Insurance companies often deny or undervalue UM claims, even for their own customers. A skilled lawyer makes sure your policy is interpreted correctly and your rights are protected.
Can I use my UM coverage if the other driver fled the scene?
Yes. Hit-and-run accidents are treated as uninsured motorist cases under Georgia law, as long as there’s physical contact with your vehicle or independent witness evidence.
What if my insurance company refuses to pay?
You may need to file a lawsuit against your own insurer for breach of contract. An experienced attorney can guide you through this process to hold them accountable.
Will my premiums go up if I use UM/UIM coverage?
Not if you weren’t at fault. Georgia law prevents insurers from raising rates for claims involving no-fault or uninsured accidents.
Can passengers in my car use my UM/UIM coverage?
Yes. Passengers injured in your vehicle are generally covered by your UM/UIM policy, regardless of fault.
The Georgia Car Accident Lawyers at Jamie Casino Injury Attorneys Will Fight for You
Getting hit by an uninsured or underinsured driver is one of the most frustrating experiences a crash victim can face. But you’re not helpless when you have Jamie Casino Injury Attorneys on your side.
Our team knows Georgia’s UM and UIM laws inside and out, and we’ve built a reputation for fighting relentlessly against insurers that refuse to do the right thing. We’ll dig deep, uncover every source of compensation, and make sure you get the justice you deserve.
You’ve paid for protection. Now it’s time for that protection to work for you. Call (912) 355-1500 today or contact us online for a free, no-obligation consultation. You pay nothing unless we recover compensation for you.
Your case.
Our fight.