Georgia UM/UIM Coverage: How It Works
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In Georgia, uninsured and underinsured motorist coverage are one coverage under one statute, O.C.G.A. § 33-7-11. Your own insurer pays what an at-fault driver with no insurance, too little insurance, or no known identity would owe you, up to your UM limits. Every Georgia auto liability policy includes it, umbrella and excess policies aside, unless an insured named in the policy rejects it in writing. How much it pays on top of the other driver’s insurance depends on whether your policy carries the default “add-on” form or the “reduced-by” form.
When the other vehicle counts as uninsured
Section 33-7-11(b) treats the at-fault vehicle as uninsured when:
| Situation | Statute |
|---|---|
| It has no liability insurance | (b)(1)(D)(i) |
| It has liability insurance and you have UM coverage (the underinsured situation) | (b)(1)(D)(ii) |
| Its liability insurer has legally denied coverage | (b)(1)(D)(iii) |
| Its insurer is insolvent, to the extent the insurer does not pay | (b)(1)(D)(iv) |
| Its owner or operator is unknown | (b)(2) |
A vehicle “owned by or furnished for the regular use of” the named insured, the named insured’s spouse, or a relative of either living in the household is not an uninsured vehicle under your own policy.
Add-on and reduced-by
| Add-on (the default) | Reduced-by (chosen in writing) | |
|---|---|---|
| What your UM pays | Up to your UM limit, "in addition to the amounts payable under any available bodily injury liability" coverage | Only the difference between the at-fault driver's available coverage and your UM limit |
| Overall ceiling | UM plus liability coverage cannot exceed your total economic and noneconomic losses | Your UM limit |
| How it gets on the policy | Applies unless rejected | Only if the insured rejects add-on and selects reduced-by in writing |
In Cravens v. Slaughter (September 22, 2026), the Supreme Court of Georgia referred to the two forms as “stacked” and “non-stacked” coverage and said that “stacked coverage is the default choice in Georgia.”
For example, imagine $120,000 in damages, an at-fault driver with a $25,000 limit paid in full, and your own UM limit of $50,000. With add-on coverage, your UM can pay up to $50,000, for a total of $75,000. With reduced-by coverage, your UM pays $50,000 minus $25,000, or $25,000, for a total of $50,000. With a UM limit of $100,000 instead, add-on would be capped at $95,000 by your losses ($120,000 minus $25,000), and reduced-by would pay $75,000. The figures are illustrative only.
Settling with the at-fault driver’s insurer first
Two rules shape the order of settlements:
- Limited release. Under O.C.G.A. § 33-24-41.1, the liability carrier can pay its limits in exchange for a limited release that does not bar recovery under other insurance, which preserves the UM claim. A general release can do the opposite: in Farid v. Gaskell (2022), a family that settled with the trucking company’s insurer for less than its limits, under an agreement with the effect of a general release, lost its claim against its own UM carrier.
- Exhaustion. In Cravens, the Supreme Court held that the Court of Appeals was wrong to apply the requirement that liability coverage be exhausted before recovering UM benefits to a settlement of the UM claim, noting that § 33-24-41.1 “does not set forth an exhaustion requirement”. A particular UM policy may still contain its own condition.
How multiple policies and coverage layers line up is covered in multiple insurance policies in a Georgia car accident.
Unknown drivers
When the at-fault driver is unknown, recovery requires that “actual physical contact shall have occurred” between that vehicle and you or your property, unless your account “is corroborated by an eyewitness to the occurrence other than the claimant” (§ 33-7-11(b)(2)). The case is brought against “John Doe,” with a copy served on your UM insurer. The steps are explained in hit-and-run victim claims in Georgia.
Suing with UM coverage in the picture
When you sue a driver you reasonably believe is uninsured or underinsured, a copy of the action must be served on your UM insurer “as though the insurance company were actually named as a party defendant” (§ 33-7-11(d)). The insurer can then take part in the case as the statute provides. If your UM insurer refuses to pay within 60 days of a demand and the refusal is found to be in bad faith, § 33-7-11(j) allows a separate action after judgment against the uninsured motorist; the remedy is compared with the others in insurance bad faith in Georgia. Disputes over a UM claim are decided in court: under § 33-7-11(g), no UM endorsement “shall contain a provision requiring arbitration of any claim arising under” it.
Checking your own policy
- Find the UM limits on the declarations page.
- Find whether the coverage is add-on or reduced-by, and whether anyone signed a rejection or a reduced-by selection.
- Note any household vehicles and other policies that may also carry UM coverage.
- Before signing any release with the at-fault driver’s insurer, confirm it is a limited release that preserves the UM claim.
Sources
- O.C.G.A. § 33-7-11 (text as published in March 2024; no amendment listed in the 2024, 2025, or 2026 summaries of general statutes enacted); § 33-24-41.1 (text of the Official Code of Georgia Annotated, November 2022 release).
- Cravens v. Slaughter, Nos. S25G1446, S25G1447 (Ga. Sept. 22, 2026)
- Farid v. Gaskell, No. A22A0899 (Ga. Ct. App. Nov. 1, 2022)
This page describes Georgia law as of October 2026 for general information. It is not legal advice and does not create an attorney-client relationship.