How Georgia Laws Apply When Your Car Accident Involves a Driver with Out-of-State Insurance

Key Points: 

• If you have out-of-state insurance and get into an accident, Georgia’s “roll-on” law may automatically increase your coverage if your insurer is licensed to do business in Georgia.  
• If the at-fault driver has out-of-state insurance, their coverage may also increase to meet Georgia’s minimum limits, giving you access to more compensation for your injuries and losses. 
• This law applies even if you were just passing through Georgia at the time of the accident; you don’t have to be a resident for Georgia’s insurance protections to start. 
• If your insurance company isn’t authorized in Georgia, the roll-on rule likely won’t apply, but you may still have other coverage options. A personal injury attorney can help you explore additional sources of compensation. 

If you were recently involved in a car accident in Georgia and have out-of-state insurance, you may wonder what insurance coverage is available across state lines. Different states have different laws, and Georgia has unique rules that could affect how your out-of-state policy works after an accident. In some cases, your policy could actually adjust to meet Georgia’s minimum requirements, but that doesn’t always guarantee complete protection. That’s why it’s important to understand how these laws work, what your policy might lack, and the steps to protect yourself if you get into an accident with an out-of-state insurance policy.  

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How Out-of-State Auto Insurance Works After an Accident in Georgia  

An out-of-state policy is an auto insurance policy issued in a state other than where the accident occurred. In Georgia, specific laws apply to out-of-state drivers, and in many cases, they can help strengthen your claim.  

One of the most important rules to be aware of is the “roll-on” or “deemer” provision. Under this law, if your insurance company is authorized to do business in Georgia, your policy will automatically adjust to meet Georgia’s minimum requirements after an accident, even if your original policy had lower limits. This means your coverage could potentially be even better than before, which can make a big difference if you face severe injuries, medical bills, or property damage.  

How Georgia’s “Roll-On” or “Deemer” Provision Works 

Under Georgia law, O.C.G.A. § 33-34-3(a)(2), most out-of-state insurance policies must meet Georgia’s minimum coverage standards if a car accident occurs in the state, as long as the insurer is authorized to operate in Georgia. Here’s how it works: 

• Your coverage may automatically increase to match Georgia’s minimums, even if your original policy was lower. 
• This coverage can apply even if your car has out-of-state plates or if you’re just passing through. 
• The coverage can apply to both drivers, including those who hit you, if their insurer also does business in Georgia. 

Many drivers assume they’ll be stuck with out-of-state limits that don’t stretch far enough to cover medical bills or property damage, but thanks to Georgia’s law, your policy can help make up the difference.  

What If the Driver Who Hit You Has Out-of-State Insurance? 

If the at-fault driver in your accident carries insurance from another state, you could still benefit, but only if their insurer is allowed to do business in Georgia. This means you could recover more damages than expected, depending on where their policy came from and which company issued it. Your coverage could roll up to the following Georgia minimums:  

• $25,000 per person for bodily injury 
• $50,000 per accident for bodily injury 
• $25,000 for property damage 

This protection gives accident victims added security, especially in cases with serious injuries. But there are cases in which this would not apply. If the at-fault driver’s insurance company is not authorized to operate in Georgia, this protection wouldn't apply, and you could be left with much lower limits. This is where contacting an experienced personal attorney will become important, as it will help uncover other compensation sources.  

A Hypothetical Common Example: A Car Accident in McDonough, Georgia  

Let’s explore how this might play out with a real-life example in McDonough, Georgia. Miguel just moved from Florida to McDonough, Georgia, to start a new job. He hasn't updated his insurance yet, as he’s still covered under his Florida policy, which meets Florida’s minimum requirement of $10,000 for bodily injury.  

One day, Miguel is driving to work along Highway 155, heading toward downtown McDonough, when another driver runs a red light and crashes into his car. This accident leaves Miguel with injuries costing over $20,000 in medical bills. Miguel is understandably stressed, thinking his Florida coverage won’t be enough to cover this accident and injuries. He is happy to find out that his insurance company is licensed to operate in Georgia. Georgia’s law automatically increases the insurance coverage to meet the state’s minimum of $25,000 per person. Without that legal protection, Miguel might have had to cover the rest out of pocket or go into debt. 

How Do I Know If My Insurance Company is Licensed to Sell in Georgia? 

For Georgia’s “roll-on” protection to apply, your insurance company must be admitted in the state, which means they’re licensed to sell policies in Georgia. If they are, your coverage will automatically meet Georgia’s minimums for any accident that occurs in the state.  

Most larger national insurance companies are licensed to sell in Georgia, but it’s always worth double-checking. You can verify this by visiting the Georgia Office of Insurance and Safety Fire Commissioner’s website and using their Company Search Tool. It could change the amount your insurer has to pay, and if they aren't authorized in Georgia, you’ll want to explore additional legal options. 

What If My Insurance Company Isn’t Licensed in Georgia? 

If your insurance company isn't licensed in Georgia and is considered non-admitted, the roll-on law likely won't apply, but that doesn't mean you're out of luck. You could still have options, depending on your personal insurance coverage. Some non-admitted insurers might still offer decent coverage, but aren't required to meet Georgia’s standards. In these cases, there are still other paths to compensation you can explore, including:  

• UM/UIM coverage: If you carry additional coverage, such as uninsured or underinsured motorist (UM/UIM) protection, it can help fill in the gaps. 
• At-fault drivers’ insurance: The at-fault driver’s insurance could potentially provide you with enough coverage to pay for your medical bills, car repairs, or other damages. 
• Third parties: Other legal options, such as a third party who contributed to the accident, or your own health insurance for medical costs. 

A personal injury lawyer will be able to review your policy and investigate all sources of compensation, making certain no coverage is overlooked.  

Protecting Yourself: What Adjusters May Leave Out About Georgia Law 

You might assume that insurance adjusters will automatically apply the roll-on law to your claim, but they may try to offer a settlement based on the lower out-of-state limits and hope you don’t realize the difference. If you accept the lower amount offered by insurance, you could be giving up your right to the full coverage you’re entitled to.  

If you were injured in a car accident, it’s smart to speak with a local Georgia personal injury attorney who knows the games that insurance companies might play and can help ensure you receive the coverage and compensation you deserve.  

You May Have More Coverage Than You Think 

Georgia’s roll-on provision could be the financial protection you didn’t know you had, and it could apply whether you live in Georgia or were just passing through. It’s a safety net built into Georgia law to ensure you’re not penalized because your policy originated elsewhere. If your insurer does business in Georgia, your coverage must meet Georgia’s minimums for any accident here, even if your home state’s limits are lower. That difference could mean thousands more in compensation and is worth fighting for.