Georgia requires drivers to carry only $25,000 per person in bodily injury liability coverage, and some drivers carry nothing at all. A serious injury can cost far more. That's where uninsured motorist coverage in Georgia comes in: protection on your own policy for when the other driver can't pay.
The type of UM coverage you have, added-on or reduced-by, can change how much money is available to you. This guide explains both, with made-up examples, and shows you how to check your own policy.
What is uninsured motorist coverage in Georgia?
Georgia is an at-fault state, so the driver who caused the crash, through their liability insurer, pays for your injuries. But the legal minimum is just 25/50/25: $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage (O.C.G.A. § 33-7-11; § 40-9-37).
Uninsured/underinsured motorist (UM) coverage is part of your own auto policy. It can pay when the at-fault driver:
- Has no insurance
- Has too little insurance to cover your losses
- Can't be identified, as in a hit-and-run
UM can cover economic losses, like medical bills and lost pay, and non-economic losses, like pain and suffering. UM coverage also follows people, not just cars.
Georgia's UM statute covers the named policyholder plus a spouse and relatives who live in the same household, “while in a motor vehicle or otherwise” (O.C.G.A. § 33-7-11). People driving the insured car with permission, and guests riding in it, are covered too.
Riding in an Uber or Lyft? From the moment a driver accepts a ride until it ends, Georgia requires at least $1 million in liability coverage plus uninsured/underinsured motorist coverage of at least $100,000 per person and $300,000 per accident (O.C.G.A. § 33-1-24). See Uber and Lyft accident claims in Atlanta.
Hit by a driver with no insurance, or just the $25,000 minimum? Call (240) 421-5511 and Gary will help you find every policy that might pay.
Added-on vs reduced-by: what's the difference?
Georgia offers two kinds of UM coverage:
- Added-on (excess) coverage pays in addition to the at-fault driver's liability limits. Your full UM limit is available after the other driver's insurance pays.
- Reduced-by coverage is reduced by the at-fault driver's limits. It pays only the difference between what the other driver's policy makes available and your UM limit.
Since January 1, 2009, Georgia policies have been added-on by default unless the policyholder rejected it in writing and chose reduced-by. One catch: under the statute, if you chose reduced-by once, that choice can carry over when the same company renews your policy.
Hypothetical examples
These numbers are made up. Say your losses total $90,000, and you carry $50,000 in UM coverage.
| At-fault driver's coverage | With added-on UM | With reduced-by UM |
|---|---|---|
| $25,000 | Up to $75,000 total | Up to $50,000 total |
| $50,000 | Up to $90,000 total | Up to $50,000 total |
| None | Up to $50,000 | Up to $50,000 |
In the middle row, reduced-by UM adds nothing, because the other driver's limit matches yours. Added-on UM stops at $90,000 because Georgia caps the combined recovery at your actual losses.
Stacking: can you use more than one UM policy?
“Stacking” means drawing UM coverage from more than one policy for the same crash. Because Georgia's definition of an insured includes relatives who live with you, you may be covered under a parent's or spouse's separate auto policy as well as your own.
The statute doesn't spell out stacking rules. Georgia appellate decisions have allowed it in some situations, and which policy pays first can turn on which insurer is most closely tied to you. Gather every auto policy in your household and have them reviewed together.
Don't count on an umbrella policy, though. Under O.C.G.A. § 33-7-11(a)(3), Georgia's UM requirements don't apply to umbrella or excess liability policies unless the policy affirmatively provides UM coverage.
Want a second set of eyes on your household's policies? Call (240) 421-5511, and Gary will go through them with you.
Hit-and-run crashes and UM coverage
When a driver flees and can't be identified, Georgia's UM statute treats that vehicle as uninsured. Hit-and-run claims come with requirements:
- Contact or a witness. There must have been actual physical contact between the unknown vehicle and you or your property, unless an eyewitness other than you backs up your account.
- A police report. The crash must be reported to police as Georgia law requires (O.C.G.A. § 40-6-273).
- A “John Doe” lawsuit, if it comes to that, filed against the unknown driver.
Report a hit-and-run to police right away, and write down everything you remember about the car. Cameras at gas stations and shops along roads like Buford Highway or Peachtree Industrial Boulevard may have caught the plate, but that footage won't be kept forever.
Here's how to get the crash report, and our after-crash checklist covers the other first steps.
Serving your UM carrier: a step you can't skip
When you sue an uninsured or underinsured driver, your own UM insurer must be served with a copy of the lawsuit (O.C.G.A. § 33-7-11(d)). The insurer can then take part in the case, in the other driver's name or its own.
There are technical steps to keep a UM claim alive, and missing one can give your insurer a reason not to pay. The wording of any release you sign with the at-fault driver's insurer matters too. These steps run alongside the Georgia car accident statute of limitations.
Before you sign a release or accept the other driver's policy limits, call (240) 421-5511 so Gary can check how it affects your UM claim.
How to read your declarations page
Your declarations page is the summary of your auto policy, usually the first page or two. Look for:
- The UM line. Limits are usually written like $50,000/$100,000, meaning per person and per accident.
- The type. Look for words such as “added-on,” “excess” or “in addition to,” versus “reduced by.” Labels vary by company.
- Med-pay. This optional coverage pays medical bills no matter who was at fault.
- Every policy in the house. Check each household member's policy, not just yours.
- Gaps. If the wording is missing or unclear, ask your insurer or agent for a complete copy of the policy and any UM rejection or selection form you signed.
Changing your coverage now won't apply to a crash that already happened, but it can protect you next time.
Talk to an Atlanta car accident lawyer about your UM coverage
Gary Huggins reviews UM coverage for people hurt across metro Atlanta from his office at 1050 Crown Pointe Parkway, Suite 500, Atlanta, GA 30338, in Perimeter Center near I-285 and GA-400. If you hire the firm, there is no attorney's fee unless we recover compensation for you.
Call (240) 421-5511 any time for a free consultation, or see how Gary handles car accident claims in Atlanta.
Free consultation. Call (240) 421-5511 any time, or send the form and Gary’s office will call you back.
Frequently asked questions
Can I use my uninsured motorist coverage if I was a passenger or a pedestrian?
Often, yes. Georgia's UM statute covers the named policyholder, plus a spouse and relatives who live in the same household, “while in a motor vehicle or otherwise,” which can include walking or riding in someone else's car (O.C.G.A. § 33-7-11). Guests riding in an insured vehicle are covered under that vehicle's policy too. So a pedestrian hit on Peachtree Street may have UM coverage through their own or a household member's auto policy.
Does uninsured motorist coverage pay for pain and suffering in Georgia?
It can. UM coverage pays the damages you could have recovered from the driver who should have paid, so it can cover non-economic losses like pain and suffering as well as medical bills and lost pay. With added-on coverage, Georgia's statute caps the combined recovery from both policies at the total of your economic and non-economic losses. The UM limits you bought set the most your policy will pay.
Will my umbrella policy add uninsured motorist coverage?
Not automatically. Under O.C.G.A. § 33-7-11(a)(3), Georgia's uninsured motorist requirements don't apply to umbrella or excess liability policies unless the policy affirmatively provides UM coverage. Some umbrella policies include it, so check the umbrella's declarations page or ask your agent in writing. If it isn't there, your UM protection is whatever your auto policy provides.
How do I find out whether my UM coverage is added-on or reduced-by?
Start with your declarations page. Look at the uninsured motorist line for words such as “added-on,” “excess” or “reduced by.” If the wording is missing or confusing, ask your insurer for a complete copy of your policy and any form you signed choosing reduced-by coverage. Because Georgia policies have been added-on by default since 2009, that signed paperwork usually decides the question.