Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to Atlanta, Georgia law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
Georgia has one of the higher uninsured driver rates in the Southeast, approximately 12% of drivers on I-285, I-75, and metro Atlanta roads have no coverage. If you're hit by one of them, Georgia's mandatory UM law is your primary recovery mechanism.
This guide applies to Georgia law only. Georgia-specific statutes (O.C.G.A. § 9-3-33, O.C.G.A. § 51-12-33, O.C.G.A. § 33-7-11), the 50% modified-comparative-fault bar, and Georgia insurance minimums govern motor vehicle accident claims in Georgia, they do not apply to accidents in other states.
Georgia requires all auto insurance policies to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage under O.C.G.A. § 33-7-11. When the at-fault driver has no insurance (or insufficient insurance), your own policy steps in.
How to file:
- 1Notify your own insurer of the accident within the timeframe required by your policy (usually 30–60 days)
- 2File a police report: UM claims in Georgia typically require a police report, especially for hit-and-run scenarios
- 3Document all damages: medical bills, lost wages, vehicle damage, future care estimates
- 4File the UM claim in writing with your insurer
- 5Cooperate with your insurer's investigation, but set terms for any recorded statement
Two types of UM coverage in Georgia:
- 'Added on' (stackable): Your UM limits are added to the at-fault driver's liability limits
- 'Reduced by' (non-stackable): Your UM limits are reduced by whatever the at-fault driver's policy paid
Your policy type significantly affects your recovery, an attorney can determine which applies and whether stacking is available.
Quick Answer: Source Index4§ 3 LAW◎ 1 GOVclaim-level sources
O.C.G.A. § 33-7-11: Georgia UM/UIM CoverageO.C.G.A. § 33-7-11: Georgia UM/UIM Coverage✓ Official (source-only)
O.C.G.A. § 33-4-6: Bad Faith Penalty (50% + attorney fees)O.C.G.A. § 33-4-6: Bad Faith Penalty (50% + attorney fees)✓ Official (source-only)
Georgia Department of Insurance: UM Coverage GuideGeorgia Department of Insurance: UM Coverage Guide✓ Official (source-only)
O.C.G.A. § 40-9-2: Minimum Liability Insurance RequirementsO.C.G.A. § 40-9-2: Minimum Liability Insurance Requirements✓ Official (source-only)
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Step 1: Select accident type
What type of accident were you in?
What You're Experiencing
You were hit by a driver who either had no insurance, gave you false insurance information, or fled the scene. You are now trying to figure out how to recover your medical bills, vehicle damage, and lost wages when the person responsible cannot or will not pay.
What This Likely Means
- If At-fault driver had no insurance → file UM claim with your own insurer immediately under O.C.G.A. § 33-7-11
- If At-fault driver gave false insurance information → verify with your insurer; if coverage doesn't exist, proceed as uninsured motorist
- If Hit-and-run, driver unknown → UM coverage applies; requires police report and possibly corroborating witness
- If At-fault driver's policy limits too low for your injuries → UIM coverage applies for the gap between their limits and your damages
Your Options
You Can Do This
- •Pull out your auto insurance declarations page and verify whether you carry UM/UIM coverage and at what limits
- •Call 911 immediately after any accident, a police report is essential for UM claims, especially hit-and-run
- •Notify your own insurer of the accident within the timeframe stated in your policy (usually 30–60 days)
Attorney Handles
- •Identify all available coverage sources: your UM policy, any household policies, umbrella coverage, stacking opportunities
- •Manage the UM claim with your own insurer to ensure full damages are documented and properly valued
- •Challenge UM denials or lowball UM offers under bad faith provisions of O.C.G.A. § 33-4-6
Avoid Doing This
- •A private cash settlement with an uninsured driver comes before you know your full damages, and it can compromise your UM claim. Attorneys advise against agreeing to one.
- •Don't file a UM claim without a police report unless the adverse driver's uninsured status is clearly documented
- •The UM insurer's first offer typically arrives before your medical treatment is complete and excludes future care. Attorneys advise having it reviewed before responding.
What This Typically Costs
UM claim attorneys work on contingency, no upfront cost. Your UM policy limits define the maximum recovery from this source. If limits are inadequate, an attorney can identify other coverage pools. The bad faith statute can add 50% to your recovery in qualifying cases, making attorney representation economically compelling even on mid-range UM claims.
When to Get Help
Many situations on this page are manageable on your own. The Your Options section above shows what people commonly handle themselves and where an attorney typically adds value.
These signals usually mean it is time to talk to a licensed attorney:
- 1
At-fault driver has no insurance card or gives false information, call 911, document everything, file UM claim
- 2
Your UM insurer delays or denies without a clear written reason, consult attorney about bad faith under O.C.G.A. § 33-4-6
- 3
You don't know whether you have UM coverage, check your declarations page immediately after any accident involving potential uninsured driver
- 4
Hit-and-run with no witnesses, call 911 immediately; police report is the foundation of your UM claim
A consultation is information, not a commitment. Free consultations are standard at Georgia personal injury firms.
Key Numbers
| Metric | Value | Source |
|---|---|---|
| Georgia: UM coverage required on all auto policies | Yes, insurers must offer UM/UIM; policyholders may waive in writing | O.C.G.A. § 33-7-11 |
| Georgia minimum UM limits (must match liability minimums) | $25,000 per person / $50,000 per accident | O.C.G.A. § 33-7-11 |
| Estimated uninsured driver rate in Georgia | ~12% | Insurance Research Council / Georgia DOI data |
| Bad faith penalty if UM insurer acts without reasonable cause | 50% of loss + attorney fees | O.C.G.A. § 33-4-6 |
| Georgia personal injury SOL | 2 years from accident date | O.C.G.A. § 9-3-33 |
Common Mistakes to Avoid
- 1
Mistake #1: Not knowing you have UM coverage.
Many Georgia drivers don't know whether they carry UM coverage or what their limits are until they need it. Pull out your declarations page now. If you don't have UM coverage, your exposure to uninsured drivers is unlimited personal risk.
- 2
Mistake #2: Filing the UM claim without a police report.
Georgia UM insurers routinely require a police report to substantiate UM claims, especially hit-and-run scenarios. Attempting to file without one gives the insurer grounds to deny or delay.
- 3
Mistake #3: Not consulting an attorney before the UM settlement.
Your own insurer is handling the claim, but they are not your advocate. UM settlements follow the same dynamics as third-party settlements, first offers are typically below case value. The bad faith statute under O.C.G.A. § 33-4-6 applies to your own insurer's UM claim handling.
- 4
Mistake #4: Assuming UM coverage equals the other driver's liability.
Georgia UM coverage has its own policy limits, which may be lower or higher than the at-fault driver's missing liability coverage. Know your limits before negotiating.
Frequently Asked Questions
What is the difference between UM and UIM coverage in Georgia?▼
Uninsured Motorist (UM) coverage applies when the at-fault driver has zero insurance. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their limits are too low to cover your damages. Georgia's O.C.G.A. § 33-7-11 requires insurers to offer both. They are usually sold together as UM/UIM coverage.
What is 'added on' vs. 'reduced by' UM coverage in Georgia?▼
'Added on' (stackable) UM coverage means your UM limits are added to whatever the at-fault driver's policy paid, giving you a larger total recovery. 'Reduced by' UM coverage means your UM limits are reduced by whatever the at-fault driver's policy paid. The type in your policy significantly affects your recovery. Georgia allows both; check your declarations page.
What if my UM limits aren't enough to cover all my damages?▼
You may be able to stack UM coverage across multiple vehicles or policies under Georgia law in certain circumstances. You may also have household policy coverage, umbrella policy coverage, or other sources. An attorney can identify all available coverage pools in your specific situation.
My own insurer is acting like the adverse insurer. Can I invoke bad faith?▼
Yes. Georgia's bad faith statute (O.C.G.A. § 33-4-6) applies to first-party claims, including UM claims with your own insurer. If your insurer refuses to pay a valid, well-documented UM claim without reasonable cause, you may recover the claim amount plus up to 50% penalty plus attorney fees.
Do I have to sue the uninsured driver before filing a UM claim?▼
Under Georgia law, you generally must either: (1) file suit against the uninsured driver and serve your UM insurer as a defendant, or (2) make a UM claim directly with your insurer after making a reasonable attempt to identify and pursue the at-fault driver. An attorney can advise on the procedural approach for your specific facts.
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Reviewed by: Not Yet Claimed · GA Bar #0000000 · Data as of: Jun 2026 · Next review: 2026-09-09.
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Sources & Citations
- statute[1] O.C.G.A. § 33-7-11: Georgia UM/UIM Coverage ↗
- statute[2] O.C.G.A. § 33-4-6: Bad Faith Penalty (50% + attorney fees) ↗
- .gov[3] Georgia Department of Insurance: UM Coverage Guide ↗
- statute[4] O.C.G.A. § 40-9-2: Minimum Liability Insurance Requirements ↗
This guide applies to Georgia law only. Georgia-specific statutes (O.C.G.A. § 9-3-33, O.C.G.A. § 51-12-33, O.C.G.A. § 33-7-11), the 50% modified-comparative-fault bar, and Georgia insurance minimums govern motor vehicle accident claims in Georgia, they do not apply to accidents in other states.
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