How does uninsured and underinsured motorist coverage work after a Georgia car accident?

Uninsured motorist (UM) coverage pays your damages when the at-fault driver has no insurance, not enough, or is unknown. It’s sold with your own auto policy under O.C.G.A. § 33-7-11, and it stays in place unless a named insured rejects it in writing, § 33-7-11(a)(3).

How much. At the insured’s option, it’s at least $25,000 per person, $50,000 per accident, and $25,000 property damage, or equal to the policy’s liability limits if those are higher, unless the insured chooses less, (a)(1).

Add-on or reduced. Georgia’s default is the “add-on” form: under (b)(1)(D)(ii)(I), the at-fault driver’s vehicle is treated as uninsured to the full extent of your UM limit, in addition to that driver’s liability insurance, as long as the total doesn’t exceed your losses. A policyholder may instead choose in writing the “reduced by” form under (II), which pays only the difference. The declarations page shows which applies, and the difference can be thousands of dollars.

For example, imagine $100,000 in losses, a $25,000 at-fault policy, and $50,000 UM. Under add-on, $75,000 is available. Under reduced, the UM pays at most $25,000, for a $50,000 total.

Who’s covered. The named insured, a resident spouse and relatives even outside a car, permitted users, and guests, (b)(1)(B).

Procedure. The insurer isn’t a typical defendant. A copy of the suit is served on it as if it were one, (d). The claim is a claim against the other driver first, and the two-year injury period governs. If UM issues come to light after filing, (d) gives 90 days from discovery or the remainder of the service period.

Bad faith. Refusing within 60 days of demand can add a penalty of up to 25 percent or $25,000, whichever is greater, plus fees, (j).

Settlement. A limited release under § 33-24-41.1 preserves UM rights.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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