Being in a car accident is stressful enough but it gets even more complicated when the other driver is uninsured. Auto insurance coverage, including uninsured motorist claims, is typically a no-fault provision that helps cover your injuries and damages when the at-fault driver doesn’t have enough insurance. In Georgia, uninsured motorist claims are a safety net to help pay for your injuries and damages when the at-fault driver doesn’t have enough insurance.
In this post we’ll go over how uninsured motorist claims work in Georgia, the steps to file a claim, what affects how much you can get, and why you need an experienced Atlanta car accident lawyer to get you the most.
Minimum Coverage
In Georgia, every driver needs to understand the minimum insurance coverage requirements. The state mandates specific levels of bodily injury and property damage liability coverage for all parties involved in an accident.
Bodily Injury and Property Damage Liability
Georgia law requires drivers to have at least $25,000 in bodily injury liability per person, $50,000 per accident, and $25,000 in property damage liability. Liability insurance is crucial as it ensures that if you cause an accident, your insurance will cover the other party’s medical expenses and property damage up to these limits. This is particularly important to protect against financial challenges that can arise from insufficient coverage, especially in cases involving uninsured and underinsured motorists.
Minimum Uninsured Motorist Limits
When it comes to uninsured motorist (UM) and underinsured motorist (UIM) coverage, Georgia law requires the insurance company to offer this coverage when you buy an auto policy. An underinsured motorist claim is filed when the at-fault driver’s insurance is insufficient to cover the damages, making it crucial to understand the minimum UM/UIM limits. The minimum UM/UIM coverage that must be offered is $25,000 per person and $50,000 per accident which is the same as the minimum bodily injury liability. But you can reject this coverage in writing.
More Coverage is Better
More coverage is better. Underinsured motorist coverage (UIM) can provide additional financial protection in the event of an accident. If you get in an accident with an uninsured driver more than the minimum UM/UIM coverage can make a big difference in your financial recovery. For example, if your damages exceed the minimum limits you may be out of pocket. More coverage can pay for medical bills, lost wages, and vehicle repairs so you’re better protected in the event of a serious accident.
Types of Uninsured Motorist Coverage
When choosing auto insurance in Georgia it’s important to understand the different types of uninsured motorist (UM) coverage. There are two types stacked and unstacked. Each has its pros and cons which can make a big difference in your financial protection after an accident.
Stacked Uninsured Motorist Coverage
Stacked coverage allows you to add the limits of multiple policies. For example, if you have two vehicles insured under separate policies you can add the UM/UIM limits together. So if you have $50,000 in coverage for each vehicle your total coverage would be $100,000.
Pros:
- More money: In the event of an accident with an uninsured driver you have access to more money.
- More security: This is especially good if you drive in high-traffic areas or are more likely to encounter uninsured motorists.
Cons:
- Higher premiums: Stacked coverage is more expensive than unstacked and may not be for everyone.
Unstacked Uninsured Motorist Coverage
Unstacked means each vehicle’s coverage limits are separate. You would only get the coverage limit for the vehicle involved in the accident.
Pros:
- Lower premiums: Unstacked is generally cheaper so it’s a good choice for budget-conscious drivers.
- Easier to manage: Managing separate limits for each vehicle is easier for some policyholders.
Cons:
- Less money: If you have multiple vehicles the total amount available for claims will be much lower than stacked coverage.
What to Choose
When deciding between stacked and unstacked UM/UIM coverage consider:
- Your driving habits: If you drive in areas with high uninsured motorist rates stacked coverage may be better.
- Your budget: How much can you afford in premiums and still have enough coverage?
- Your risk tolerance: How comfortable are you with the financial impact of an accident with an uninsured driver?
Additional Uninsured Motorist Coverage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage provides additional protections beyond standard auto insurance. Understanding these extra benefits is key to making sure you’re covered in all scenarios.
Hit and Run Accidents
One of the biggest advantages of UM coverage is its hit-and-run protection. If you’re involved in an accident where the at-fault driver leaves the scene you can use your UM coverage to pay for medical bills and vehicle repairs. This is important because it allows you to get paid even if the responsible driver can’t be found.
Pedestrians and Passengers
UM/UIM coverage covers not only drivers but also pedestrians and passengers in your vehicle. If a pedestrian is hit by an uninsured driver they may be able to file a claim under your policy. If a passenger in your vehicle is injured by an uninsured or underinsured driver they can file a claim under your coverage. This is why it’s important to have enough UM/UIM coverage to cover all parties involved.
Family Members Living with You
One more benefit of UM/UIM coverage is it covers family members living in your household. If a family member is injured in an accident caused by an uninsured or underinsured driver your policy can pay for their medical bills and other related expenses. This way your loved ones are also protected from the financial impact of the accident.
How Uninsured Motorist Claims Work
Filing an uninsured motorist (UM) claim in Georgia is a straightforward process when the at-fault driver has no insurance. Understanding this process will help you get what you’re owed.
File a Claim
When you’re in an accident with an uninsured driver the first step is to notify your own insurance company. Give them all the details of the incident including the police report and any evidence you have. Your insurance company will then walk you through the claims process. You must act fast as there is a time limit to file a claim.
What UM Covers
Uninsured motorist coverage covers:
- Medical Bills: Coverage pays for your medical expenses including hospital stays, surgeries, and rehabilitation.
- Vehicle Repairs: If your vehicle is damaged in the accident UM coverage can pay for repair costs.
- Lost Wages: If you’re injured and can’t work you can claim lost wages because you can’t earn an income.
Underinsured Motorist (UIM) Coverage
In addition to UM coverage, you may also have underinsured motorist (UIM) coverage. This type of coverage kicks in when the at-fault driver has insurance but their limits are not enough to cover your total damages. For example, if your total damages are $100,000 but the at-fault driver only has a $25,000 liability policy your UIM coverage can pay for the remaining $75,000.
Issues and Considerations
Filing an uninsured motorist (UM) or underinsured motorist (UIM) claim can be tricky. Knowing these obstacles will help you prepare and respond.
UM/UIM Claim Challenges
One of the biggest challenges is proving the other driver has no insurance or not enough coverage. Gathering the required documentation can take time. You’ll need police reports, witness statements, and medical records to support your claim. Insurance companies will closely scrutinize these claims which can cause delays and disputes.
Why You Need Enough Coverage in Catastrophic Injury Cases
In severe injury cases having enough UM/UIM coverage is crucial. If your injuries result in big medical bills or lost wages insufficient coverage won’t cover all your losses. You need to assess your needs and consider higher coverage limits to protect yourself.
Why the UIM Claim Process is Longer and More Complicated
The UIM claim process is more complicated than a standard claim. This is because you need to compare the at-fault driver’s policy limits to your total damages. If the other driver is underinsured you’ll need to negotiate with your insurance company and the at-fault driver’s insurance company. This will extend the timeline and increase the stress of the claims process.
Why You Need an Attorney
Uninsured motorist (UM) and underinsured motorist (UIM) claims can be complicated. That’s where an attorney comes in. They can explain your rights and the Georgia laws regarding UM/UIM claims. With their knowledge, you can avoid the common pitfalls that can hurt your chances of getting fair compensation.
Why Legal Representation Gets You Fair Compensation
A car accident attorney brings years of experience to the table. They know how to get the evidence you need such as medical records and accident reports to build your case. They can negotiate with insurance companies on your behalf. Insurance companies will try to pay out as little as possible but an attorney will fight for the maximum amount you deserve. This includes medical bills, lost wages, and vehicle repairs so you’re not left with financial burdens because of someone else’s negligence.
Work With an Experienced Atlanta Car Accident Attorney ASAP!
If you’ve been involved in an accident with an uninsured driver in Georgia, Atlanta Metro Law is here to help. Let our experienced team guide you through the claims process, negotiate with insurance companies, and ensure you receive the compensation you deserve for your medical bills, lost wages, and other damages.
Contact us at 864-894-2045 for a free case consultation!