Uninsured Motorist Coverage

Georgia law requires that all vehicle owners carry a minimum amount of liability insurance. Unfortunately, not everyone follows the law and buys this insurance, and some people let it lapse, meaning they aren’t covered. In other cases, the person does have insurance, but the total coverage they bought isn’t enough to cover all of your injuries. 

That doesn’t mean you aren’t covered. Even if the at-fault driver doesn’t have insurance, you may be covered if you have a particular type of coverage known as Uninsured Motorist/Under-Insured Motorist (UM/IUM) coverage. Many drivers have this insurance without even realizing it. 

When Does Uninsured Motorist Insurance Cover Me? 

UM/UIM is insurance that you carry (and pay for), which covers you when:

• The driver at fault doesn’t have insurance
• They don’t have enough insurance
• They fled the scene or otherwise can’t be found
• They hit you when you were on foot or a bicycle, and your car insurance wouldn’t usually apply

Don’t pay for any damages out of your own pocket. Your insurance company should help you get through this challenging time.

How Do I Know If I Have UM/UIM Insurance?

Some car owners specifically request this insurance and know that they’re covered. Even if you didn’t do this, however, you may actually have UM coverage. In Georgia, car insurance companies by law have to offer you this kind of coverage when you sign up for car insurance. In other words, unless you checked a box saying you didn’t want it, there’s a good chance you have it. You can call your insurance agent and ask if you want to find out for sure. 

What Are the Different Types of UM/UIM Insurance?

There are two types of uninsured motorist insurance:

• “Reducing” or “non-stacking” UM insurance. This is the traditional kind of UM policy. With this coverage, the total amount of your policy gets reduced by any insurance the other party has. So, for example, if you have $100,000 in UM insurance, and the other party has $75,000 in insurance, their insurance pays out first, and your insurance only pays the difference ($25,000). Another way to put it would be: with reducing UM insurance, the amount you’re insured for is the maximum you can get, but you’ll usually get less.
• “Add-on,” “excess,” or “stacking” UM insurance. This is a newer form of UM/UIM insurance introduced by the legislature in 2009. When it’s available, it’s the better type of UM insurance to buy. With this kind of insurance, your UM coverage gets added to any insurance the other party has. So if they have $75,000 in coverage and you have $100,000 of UM coverage, you are effectively covered for up to $175,000 in costs. This is far superior to the older, “reducing” model of UM coverage.  

If you’re confused about the different types of uninsured motorist coverages and how they apply to your specific case, it’s best to consult with a lawyer to help you figure out all of your legal options. 

Will My Insurance Company Give Me a Fair Settlement? 

Filing a claim for compensation with any insurance company can be difficult. Even if they represent you, that doesn’t mean they always have your best interests at heart. Many insurance companies want to protect their bottom line and avoid paying the maximum amount of compensation you need for your car accident. In that case, you should get a lawyer as soon as you can to get the best settlement possible. 

Have you been injured? John Foy & Associates offers a free consultation with some of Georgia’s most experienced and respected personal injury lawyers. Fill out the form to your right or call us at 404-400-4000 today.