Uninsured Motorist Lawyer in Alpharetta, GA

The coverage you are probably already paying for

Georgia requires insurers to offer uninsured motorist coverage, usually called UM, on every auto policy. It stays on unless you rejected it in writing (O.C.G.A. § 33-7-11). Most people have it without knowing.

UM pays when the at-fault driver:

• has no insurance at all,
• has insurance but not enough to cover your injuries. That is underinsured, and it is far more common, because Georgia’s minimum limits run out quickly against a serious injury, or
• cannot be identified, because they drove off.

Checking for UM is a standard step in our Alpharetta crash cases, because it so often decides whether a serious injury is fully covered.

Your own insurer becomes the other side

This surprises people. You have paid your premiums for years. Yet when you make a UM claim, your insurer evaluates it like the other driver’s insurer would, looking for reasons to pay less. It is still an adversarial claim. Treat it like one — do not give a recorded statement without advice.

Georgia’s Office of the Commissioner of Insurance regulates auto insurers in the state and takes consumer complaints about them.

Two kinds of UM, and why it matters

Georgia policies come in two forms:

• Added-on (excess) coverage sits on top of the at-fault driver’s insurance. If they have a small policy and you have UM, you can collect their policy and your UM.
• Reduced-by (set-off) coverage is reduced by whatever the at-fault driver’s insurance pays. It is cheaper, and it can be worth much less.

Which one you have is printed on your declarations page. It is one of the first things we look at, because it changes the value of the claim.

The procedural trap

If your case goes to suit, Georgia requires that your own UM carrier be served with the lawsuit (O.C.G.A. § 33-7-11). It is served the same way a defendant would be. Miss that step and the UM coverage can be lost, no matter how strong the claim. It is a technical requirement, and it is exactly the sort of thing that goes wrong when nobody is watching for it.

Hit-and-run

If the driver fled and was never identified, UM can still apply. Report it to the police right away and get the report number — it matters to the insurance claim. Sometimes there was no physical contact, for example when someone ran you off the road. Then Georgia requires an eyewitness other than you to back up what happened. Find witnesses at the scene if you can, and get their names.

Other policies that may apply

Your UM may cover you as a passenger in someone else’s car, as a pedestrian, or on a bicycle. A household family member’s policy may apply too. If you were working, there may be a workers’ compensation claim and a commercial policy on the vehicle. Finding every policy is part of the job. It is often the difference between a claim that covers your injuries and one that does not.

Deadline

Generally two years from the crash to file suit (O.C.G.A. § 9-3-33).

Related: car accidents · drunk driving accidents

Common questions

Do I have uninsured motorist coverage in Georgia?

Probably. Georgia insurers must offer UM on every auto policy, and it stays on unless you rejected it in writing (O.C.G.A. § 33-7-11). Your declarations page shows whether you have it.

What is the difference between add-on and reduced-by UM coverage?

Add-on UM pays on top of the at-fault driver's insurance, while reduced-by UM is cut by whatever their insurance pays. After a serious injury, add-on coverage is usually worth more. The type is printed on your declarations page.

Does UM cover a hit-and-run?

Yes, it can. Report the crash to the police right away and get the report number. If the vehicles never touched, Georgia requires an eyewitness other than you to back up what happened.

Does my UM cover me as a passenger or on foot?

Often, yes. UM can cover you as a passenger in someone else's car, as a pedestrian or on a bicycle. A policy belonging to a relative in your household may apply too.

Is a UM claim against my own insurer still a fight?

Yes. Your insurer reviews a UM claim looking for reasons to pay less, the same way the other driver's insurer would. Do not give it a recorded statement without advice.