Hit by an Uninsured Driver in Georgia? Here's What to Do

You did everything right — you followed the traffic laws, you were paying attention, and you had insurance. But the driver who slammed into you? They had no insurance at all. Or worse, they had the bare minimum that doesn't even cover your ER visit.

This is a frustratingly common scenario in Georgia. According to the Insurance Research Council, roughly 12% of Georgia drivers are uninsured at any given time. And many more carry only the state minimum coverage, which may not come close to covering a serious injury.

So what do you do? You may have more options than you think.

Georgia's Uninsured Motorist (UM) Coverage

Georgia law (O.C.G.A. § 33-7-11) requires every auto insurance policy to include uninsured motorist (UM) coverage unless you specifically reject it in writing. This coverage pays for your injuries and damages when the at-fault driver has no insurance.

Here's what's important: if you never signed a written rejection of UM coverage, your policy includes it by default. Many Georgians have this coverage and don't even realize it.

What UM Coverage Pays For

UM coverage acts as a stand-in for the insurance the other driver should have had. It can cover:

• Medical bills
• Lost wages
• Pain and suffering
• Other damages you'd normally claim from the at-fault driver's insurer

UM Coverage Limits

Your UM coverage limits match your liability limits unless you specifically chose lower limits. So if you carry 100/300/100 liability coverage, you likely have $100,000 per person / $300,000 per accident in UM coverage as well.

Underinsured Motorist (UIM) Coverage

What if the at-fault driver has insurance, but not enough to cover your injuries? That's where underinsured motorist (UIM) coverage comes in.

For example: You have $75,000 in medical bills and lost wages. The at-fault driver only carries Georgia's minimum — $25,000 per person. Your UIM coverage can make up the difference, up to your own policy limits.

Georgia law requires UIM coverage to be offered alongside UM coverage. Again, you have it unless you signed a written rejection.

What About Hit-and-Run Accidents?

If the driver who hit you fled the scene, your UM coverage applies. In Georgia, a hit-and-run driver is treated the same as an uninsured driver for UM claim purposes. You'll need to:

1. File a police report — this is essential for documenting the hit-and-run
2. Report the claim to your own insurance — file under your UM coverage
3. Document everything — photos, witness contact information, any description of the fleeing vehicle

Filing a UM/UIM Claim in Georgia

Filing a UM/UIM claim is different from a typical third-party claim because you're making a claim against your own insurance company. Here's how the process works:

Step 1: Notify Your Insurance Company

Report the accident and the fact that the other driver is uninsured (or underinsured). Do this as soon as possible.

Step 2: Provide Documentation

You'll need to provide the same evidence you'd submit in any injury claim:

• Police report
• Medical records and bills
• Proof of lost wages
• Photos of vehicle damage and injuries
• Witness statements

Step 3: Negotiate the Settlement

Here's where many people are surprised: your own insurance company may not be on your side. Even though you're their customer, the UM/UIM claims department's job is to pay as little as possible. They may:

• Dispute the severity of your injuries
• Argue that some of your treatment wasn't necessary
• Try to shift fault onto you
• Make lowball settlement offers

You have the same right to negotiate and, if necessary, file a lawsuit against your own insurer for the UM/UIM benefits you're owed.

Can You Sue the Uninsured Driver Directly?

Yes, Georgia law allows you to sue the at-fault driver directly — whether or not they have insurance. The practical question is whether they have any assets to collect from. If the driver is uninsured because they can't afford insurance, they likely can't afford to pay a judgment either.

That said, there are situations where a direct lawsuit makes sense:

• The driver owns property or other assets
• The driver was working at the time (the employer may be liable)
• Other parties share fault (a bar that over-served the driver, a vehicle owner who lent their car to an unlicensed driver, etc.)

Stacking UM Coverage in Georgia

If you have multiple vehicles on your policy, Georgia allows you to stack your UM coverage unless your policy specifically prohibits it. Stacking means combining the UM limits from each vehicle to increase your total available coverage.

For example: If you have two cars on your policy, each with $50,000 in UM coverage, stacking gives you $100,000 in total UM coverage for a single claim.

Check your policy declarations page or ask your insurance agent whether your coverage is stackable.

Protecting Yourself Before an Accident

The best time to protect yourself from uninsured drivers is before an accident happens. Here's what Georgia drivers should consider:

• Don't reject UM/UIM coverage — it's some of the most valuable coverage on your policy
• Consider carrying higher UM/UIM limits — the minimum $25,000 per person may not be enough for a serious injury
• Add MedPay coverage — Medical Payments coverage pays your medical bills regardless of fault, giving you an additional safety net
• Review your policy annually — make sure your coverage keeps up with your needs

Key Takeaways

• Georgia requires UM coverage by default — check your policy, you probably have it
• UM covers injuries from uninsured drivers; UIM covers the gap when their insurance isn't enough
• Hit-and-run accidents are treated like uninsured driver claims
• Your own insurance company may still fight to pay you less — be prepared to negotiate
• Consider carrying more than the minimum UM/UIM limits to protect yourself

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