Uninsured Motorist Laws for Georgia

By some estimates as many as 12% of all accidents which take place in Georgia involve at least one uninsured motorist.  Experts expect the number to grow if the economy continues to suffer as more and more drivers allow their auto insurance to lapse. 

What is the Difference between an Uninsured Motorist and an Underinsured Motorist?

An uninsured motorist is a driver who does not have insurance.  If an uninsured driver is cited for a moving violation or is involved in an accident, he may be subject to both civil and criminal penalties including: 

• Personal injury lawsuits (for accidents);
• Lapse fees;
• Reinstatement fees;
• Suspension of vehicle registration;
• Driver’s license suspension;
• Vehicle impoundment;
• Fines of between $200 and $1000; and
• Imprisonment for up to twelve months. 

A driver who has minimum liability coverage is known as an underinsured motorist.  If an underinsured motorist is involved in an accident, he may be subject to civil penalties only. 

What is Uninsured Motorist Coverage?

Uninsured motorist coverage protects an insured who is involved in an accident with an uninsured driver or where the other driver cannot be located.  Uninsured motorist coverage may also protect an insured who is involved in an accident with an underinsured motorist.  Generally, uninsured motorist benefits will cover property damage, medical bills, lost wages, future lost wages, and pain and suffering. 

Georgia Uninsured Motorist Law

Georgia law requires that all insurance companies offer uninsured motorist coverage to policy holders when they renew their policies.  An insured must specify whether he wants “add-on coverage” or “reduced coverage”. 

Add-on coverage provides additional coverage to the insured up to the limits of his liability policy.  In other words, if a driver has $100,000 of liability coverage, he would also have $100,000 of uninsured motorist coverage for a total of $200,000. 

Reduced coverage provides an insured with the difference between the at-fault driver’s liability policy limits and the insured’s uninsured motorist benefits.  So, if the at-fault driver has $100,000 in liability coverage and the insured has uninsured motorist coverage of $200,000, the insured could recover $100,000 from the at-fault driver and $100,000 ($200,000 minus $100,000) from his insurance carrier for a total of $200,000. 

All Georgia drivers are advised to check with their insurance agents to determine whether they have uninsured motorist coverage. 

Getting Legal Help

If you are involved in an accident with an uninsured or underinsured driver in Georgia, you should contact an experienced personal injury attorney.  He will review your auto insurance policy to determine the extent of your uninsured motorist coverage and he will represent you in negotiating a settlement and, if settlement negotiations fail, at trial.