KEY POINTS:

In Georgia, a claim against an underinsured or uninsured driver may be brought by making a claim through your own policy of Uninsured or Underinsured Motorist (UIM) coverage.
Although many of the rules for making a claim against an uninsured or underinsured motorist are the same as they are for insured drivers, there are some important differences.
Georgia law prohibits your UIM carrier from raising your insurance rates simply for making a claim when the accident is not your fault.

When the at-fault driver has no insurance or has very low policy limits it may be necessary to file a claim under your own insurance policy, using your Uninsured or Underinsured Motorist (UIM) coverage. Most often this may be done if you have been hit by a driver who has no insurance or has only a a small or minimal bodily injury (liability) insurance policy and you have large medical bills, or if you have been the victim of a hit and run. Bringing a claim against a UIM carrier is similar to making a claim against driver who is properly insured, but there can be some important differences.

How Do I Know if I Have Uninsured Motorist Coverage?

If you are a Georgia resident with auto insurance for the state of Georgia, you likely have Uninsured/Underinsured Motorist (UM/UIM) coverage. This coverage is included unless you specifically signed a document opting out when you purchased your policy. It’s a good idea to review your insurance card, policy declarations page(s) or verify with your insurance company if you’re unsure whether you opted out.

There is a chance you might have signed the opt-out form and forgotten. Many people mistakenly believe they have UM/UIM coverage. We’ve had clients who were surprised to find they had opted out without realizing it. On the other hand, we have also had clients who were told they have no UIM coverage who actually do – because the insurance company was or is unable to produce a signed waiver form.

To avoid an unpleasant surprise, regularly check your policy coverage. This is a good habit to ensure you understand your insurance protections.

Will My Claim Target the At-Fault Driver or my Auto Insurance Company?

Your claim focuses on seeking compensation from the at-fault driver. Uninsured/Underinsured Motorist (UM/UIM) coverage comes into play if the at-fault driver is not insured or the value of your case exceeds the at-fault driver’s policy limits. For example, if the claim is clearly worth $100,000 and the at-fault driver has only $50,000 in bodily injury coverage, their insurance company would pay $50,000.00 and the claim should be settled against that policy of insurance using a limited-liability release. Then, you or your your car accident lawyer would contact your insurance company, provide the claim details and request the remaining funds. It’s important to note that UM/UIM coverage also has a policy maximum limit.

What are the Common Challenges and Obstacles When Going After UIM Compensation?

One common challenge we encounter when pursuing a driver’s UIM/UM coverage is the lack of sufficient coverage. Often, in accidents where damages exceed the at-fault driver’s policy limits, the UIM coverage is also inadequate. This is particularly common in catastrophic injury car accidents, which can include fatalities.

We highly recommend that individuals opt for high UIM/UM coverage limits because Georgia has low minimum auto insurance requirements, UIM coverage is generally fairly affordable, and you may need this additional coverage in the event of an accident.

Another challenge is that it can take a bit longer to reach a settlement agreement with the UIM carrier than with an at-fault driver’s insurance. Your auto insurance company may need to investigate and verify that no other company insures the at-fault driver or that the available coverage is inadequate.

Can an Insurance Company Raise my Rates or Cancel my Policy for making a UIM claim?

No. O.C.G.A. § 33-9-40 prohibits insurance companies from raising your rates or canceling your policy as a result of an accident involving more than one car or vehicle, when you are not the at-fault driver. O.C.G.A. § 33-23-45 prohibits an insurance company for not-renewing you simply because you made a claim UIM coverage for an accident that is not your fault – although there may be certain other conditions that, combined with having made a UIM claim may legally allow an insurance company to not-renew.

If you do receive a notice that your insurance company is not-renewing your policy due to having made claims for coverage, you have the right to ask for the Georgia insurance commissioner to review your company’s decision within 15 days of the time you received the notice.