How You Can Collect UIM/UM (Under-Insured Motorist) Benefits After a Georgia Car Accident

Key Points:

• UIM coverage can help pay for medical bills, lost wages, and other damages after your car accident when the at-fault driver’s insurance isn’t enough to cover your losses. 
• To protect your right to use UIM coverage, you should notify your insurer immediately after your car accident and sign only a limited release when settling with the other driver’s insurance. 
• Georgia drivers can choose between Reduced and Added-On UIM coverage, but Added-On coverage gives you stronger protection by stacking on top of the at-fault driver’s policy. 
• Choosing higher UIM limits and working with an experienced car accident attorney can help you recover the full compensation you deserve. 

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After your car accident in Georgia, medical bills, lost wages, and the stress of your potential life changes will start to add up, especially if the driver who hit you doesn’t have enough insurance. Many drivers in Georgia only have the bare minimum of liability insurance, which is $25,000 per person and $50,000 per accident, as required by law. You may have to pay more out of pocket if your damages exceed these caps, which is where Underinsured Motorist (UIM) coverage comes in, providing an additional layer of financial security. 

Understanding when and how your UIM coverage applies can help you make informed decisions after an accident, avoid costly mistakes, and recover the full compensation you're entitled to. 

What is Underinsured Motorist Coverage? 

Underinsured Motorist (UIM) coverage protects you when the at-fault driver's insurance isn't enough to cover your damages fully. Under Georgia law (O.C.G.A. § 33-7-11), an underinsured vehicle is one whose liability insurance limits are lower than your total damages or lower than your own UIM limits. UIM coverage can help pay medical bills, lost wages, pain and suffering, future treatment costs, and even rental car expenses. Simply put, UIM coverage fills the gap between what the at-fault driver can pay and what you are entitled to. 

Why UIM Coverage Matters After a Serious Accident 

If you’re seriously injured in a car accident, the at-fault driver’s insurance might not come close to covering all of your medical bills, lost income, and other damages. In a serious crash, your expenses can quickly add up to $100,000, $200,000, or even more. 

Without UIM coverage, you would have to pay the difference out of your own pocket or the amount of insurance money available to compensate you for pain and suffering may be very limited. But if you have "added-on" UIM coverage, your insurance can help make up the gap. After collecting the full amount from the at-fault driver’s insurance, you can file a claim under your UIM policy to help cover the remaining costs, giving you a much better chance of recovering the full amount you need to move forward. 

Your Options for Underinsured Motorist (UIM) Protection in Georgia 

In Georgia, there are two types of UIM coverage available that you can select based on your needs: 

• Reduced (Traditional) UIM Coverage: This type of coverage reduces your UIM limit by the amount received from the at-fault driver's liability policy. For example, if you have $100,000 in reduced UIM coverage and the at-fault driver has $25,000, your UIM coverage provides an additional $75,000, totaling $100,000. 
• Added-On UIM Coverage: Added-on coverage provides an additional layer on top of the at-fault driver’s liability limits. Using the same scenario, with added-on UIM, you'd receive the full $25,000 from the other driver's insurance plus up to $100,000 from your own policy, totaling $125,000. While slightly pricier, this option offers better protection. 

Knowing how each type of UIM coverage works can help you choose the option that gives you the strongest financial protection after a crash. 

Who Does Your UIM Coverage Protect? 

Georgia law identifies two groups of people who are protected by your UIM policy: 

• Broader Coverage (Protection Wherever You Are): This includes you, your spouse living with you, family members who live in your home, and any foster children or wards living in your household since July 2006. These individuals are protected no matter where the accident occurs, whether they're driving your car, riding in another vehicle, walking, biking, or even inside a building, if they are injured by a driver without enough insurance. 
• Limited Coverage (Vehicle-Specific Protection): This covers passengers riding in your insured vehicle and anyone you’ve allowed to drive your car. Unlike broader coverage, these people are only protected if they are involved in an accident while using or riding in your insured vehicle. 

How to Protect Your Right to UIM Compensation After an Accident in Georgia 

After your car accident, you should call your insurance company immediately, especially if you plan to use your UIM coverage. Georgia law requires you to notify your insurer promptly to protect your right to receive compensation. It also allows your insurance company to properly handle its own claim against the driver who caused the accident. 

When you're ready to settle your claim with the at-fault driver's insurance, you'll usually be asked to sign what's called a "limited release." This release will allow you to accept payment from the other driver's insurance while still preserving your right to seek additional compensation from your own UIM policy. However, it’s important to note that you must collect the full amount available from the at-fault driver’s insurance policy before your UIM coverage can be used. 

Steps To Take When Filing Your UIM Claim in Georgia 

Filing your UIM claim correctly can make a difference in ensuring you receive full compensation. After you’ve reported the accident and settled with the at-fault driver’s insurance, here’s what you should do to keep the process smooth and protect your rights: 

1. Gather and Submit Documentation: Provide your insurance company with documents related to your injuries and damages. This includes medical bills, hospital visits, rehabilitation expenses, medications, and lost wages from missed work. 
2. Request UIM Coverage Benefits: You’ll need to tell your insurance company that you are filing a claim under your UIM coverage because the at-fault driver’s insurance was not enough to cover your damages. 
3. Sign a Limited Release: As mentioned, when you settle with the at-fault driver’s insurance, make sure you only sign a limited release, rather than a full release. This lets you accept their payment while keeping your right to pursue additional compensation through your UIM coverage. 

How to Get the Most from Your UIM Coverage in Georgia  

Having UIM coverage is one of the smartest financial protections you can have as a driver in Georgia, but simply having a policy isn’t enough. To make certain you're truly protected after a serious accident, it’s important to take a few additional steps. 

• Choose Added-On Coverage:  When selecting UIM coverage, "added-on" coverage is the better choice for most drivers. While it may cost a little more in premiums, it gives you far stronger protection. Added-on UIM coverage allows you to stack your UIM benefits on top of whatever you recover from the at-fault driver's insurance, giving you a much higher total recovery amount. 
• Increase Your Limits: Don’t settle for the bare minimum UIM coverage. Accidents involving serious injuries can easily exceed $100,000 or more in damages. Choosing higher UIM limits, at least equal to your liability limits, if not higher, gives you better protection. 
• Review Your Policy Regularly: Insurance policies aren’t always easy to understand, and it’s common for drivers to have coverage they don’t even realize they rejected or reduced years ago. Take time to review your auto insurance policy at least once a year to confirm the type of UIM coverage you have (reduced vs. added-on), the limits you selected, and whether they still meet your needs.  
• Understand How Your Coverage Works:  Knowing when and how your UIM coverage applies can make a big difference after an accident. Being informed ahead of time can help you avoid mistakes that could limit your claim, such as failing to notify your insurer promptly or unknowingly signing a full release that closes off your ability to collect additional compensation. 

How a Georgia Car Accident Attorney Can Help Navigate Your UIM Claim 

Navigating a UIM claim after a car accident can become confusing and overwhelming, especially when you’re already dealing with injuries, medical treatments, and financial worries. Insurance companies don’t always make the process easy, and small mistakes can cost you the compensation that you’re owed. An experienced Georgia car accident attorney can make a major difference in the overall process by:  

• Communicating Directly with Insurance Companies: A personal injury attorney can handle all communications with your insurance company and the at-fault driver’s insurer. 
• Building a Strong Case by Documenting All Your Losses: An experienced personal injury attorney knows exactly what evidence is needed to maximize your settlement. They will gather medical records, bills, proof of lost wages, and documentation of your pain, suffering, and any long-term impacts on your life. 
• Handle Complicated Subrogation Issues: Subrogation, which is the insurer’s right to recover money from the at-fault party, can create legal challenges that most accident victims aren’t familiar with. A qualified attorney will help navigate these issues. 
• Protect Your Rights Every Step of the Way: A skilled attorney can spot unfair settlement offers from insurance, delays, or tactics designed to pressure you into settling for less.  

Having the right legal help after an accident not only relieves stress but can also make a real difference in the outcome of your case, helping you focus on your recovery while someone you trust handles the fight for fair compensation.