Georgia Underinsured Motorist Claim Lawyers
When the at-fault driver's insurance falls short of covering your injuries, we tap into your underinsured motorist policy to close the gap.
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When Underinsured Motorist Coverage Applies in Georgia
Underinsured motorist (UIM) coverage kicks in when the at-fault driver carries liability insurance, but their policy limits are not enough to cover your damages. Georgia's minimum liability requirement is just $25,000 per person, which is easily exhausted by a single emergency room visit, surgery, or extended rehabilitation. If your injuries exceed the at-fault driver's available coverage, UIM coverage under your own policy bridges the gap between what the at-fault driver can pay and your actual losses.
Under Georgia law, UIM coverage is included in your auto policy unless you specifically rejected it in writing pursuant to O.C.G.A. § 33-7-11. Your UIM limits are separate from your UM limits and provide additional recovery beyond the at-fault driver's policy. Georgia Auto Law evaluates every car accident case for UIM potential because many clients do not realize they carry this coverage or understand how it works.
How UIM Stacking Works in Georgia
Georgia permits stacking of UIM coverage across multiple vehicles listed on the same policy, subject to valid anti-stacking provisions. If you insure two cars with $100,000 in UIM coverage each, stacking could provide up to $200,000 in available UIM benefits. Georgia courts have consistently held that anti-stacking clauses must strictly comply with statutory requirements under O.C.G.A. § 33-7-11, and defective clauses are unenforceable.
Beyond stacking within your own policy, Georgia Auto Law also investigates whether additional UIM coverage exists through other household policies. If you are a resident relative listed on a spouse's or parent's policy, their UIM coverage may also be available to you. We examine every possible source of UIM coverage because the difference between one policy and stacked policies can mean tens or hundreds of thousands of dollars in additional recovery for our clients.
The UIM Claims Process Against Your Own Insurer
Filing a UIM claim in Georgia requires strategic coordination because you are simultaneously pursuing the at-fault driver's insurer and your own. Typically, you first exhaust the at-fault driver's liability limits, then turn to your UIM carrier for the remaining damages. Before accepting the at-fault driver's policy limits, you must notify your UIM carrier and give them the opportunity to consent to the settlement or substitute their own payment. Failing to follow this procedure under O.C.G.A. § 33-7-11 can jeopardize your UIM claim.
Your own insurer will aggressively defend your UIM claim just as if they were the at-fault party's carrier. They will hire independent medical examiners, dispute the extent of your injuries, and argue that the at-fault driver's settlement adequately compensated you. Georgia Auto Law handles the entire process, from coordinating the liability settlement to litigating the UIM claim. We regularly take UIM cases to arbitration or trial when insurers refuse to pay fair value.
Calculating Your UIM Recovery in Georgia
Georgia uses a "reduced by" method for calculating UIM benefits. Your UIM recovery is the difference between your total damages and the amount already paid by the at-fault driver's insurer, up to your UIM policy limits. For example, if your damages total $200,000, the at-fault driver's insurer paid $25,000, and your UIM limits are $100,000, you could recover up to $100,000 in UIM benefits for a total recovery of $125,000.
Understanding this calculation is critical to evaluating whether to accept a settlement offer from your UIM carrier. Georgia Auto Law builds a comprehensive damages case including medical expenses, future medical needs, lost income, diminished earning capacity, and pain and suffering to establish the highest possible total damages figure. The higher we can prove your total damages, the more your UIM carrier must pay up to the policy limits.
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Other Car Accident Lawyer Case Types
Georgia Auto Law handles all types of car accident cases across the state.
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