Atlanta Personal Injury Lawyer Blog

What is uninsured motorist coverage? Uninsured motorist coverage in Georgia is coverage that pays for your personal injury claim when you are hit be a negligent driver who is uninsured. It is not mandatory to have uninsured motorist coverage in Georgia, but without it you may not be able to recover for your damages (medical expenses, lost wages, and pain and suffering) if you have the misfortune of being injured in a motor vehicle accident with a negligent driver who is breaking the law by driving without liability auto insurance (minimum coverage in Georgia is a minimum of $25,000 per claimant / $50,000 per accident but can be much higher). Attorney Richard Griffin and his personal injury law firm verify the correct policy limits for all of their clients to make sure that the policies can be properly stacked for the larger personal injury and wrongful death claims.

What is under-insured motorist coverage? Under-insured motorist coverage in Georgia is the coverage that pays for your Georgia personal injury claim if the following has occurred:
(1) Policy Limits Settlements: You have settled for the policy limits with the liability carrier with a proper limited release which preserves your right to pursue other insurance coverage for your personal injury claim.
(2) UM Coverage: There are auto policies that provide under-insured motorist coverage for your claim.

How does under-insured motorist coverage help? This coverage steps into the gap when a personal injury case is worth more than the available liability policy limits. An example would be if a case was worth $50,000, but the negligent driver only had $25,000 in coverage. If there is under-insured motorist coverage, then it in this example could pay for the remaining $25,000 of value. Without under-insured motorist coverage, then the personal injury claimant might loose the additional $25,000.00 of value due to the limited policy limits for the negligent driver.

What ways can you have uninsured or under-insured motorist coverage?
(1) Individual Policies: Your own auto insurance can have UM coverage if you elect to purchase it. To have coverage for a motor vehicle accident you must already have purchased it. This coverage would be primary. Primary coverage means that it would be the first UM policy to cover your claim after the liability policies have been exhausted.
(2) Resident Relative Policies: This coverage is secondary UM coverage and arises under the resident relative provisions of auto insurance policies. This coverage requires that have a relative (someone you are related to by blood or marriage that lives in your household.
(3) Employer Policies For Company Vehicles: If you are in a company vehicle when a motor vehicle accident occurs due to a third party (not a co-workers) negligence, then you would have coverage if the employer has UM coverage on their auto policy for the company vehicle you were in.
(4) Vehicle Policies for Passengers: If you are passenger in another persons vehicle and you are injured in a motor vehicle accident by a negligent driver, then you would have access to any UM coverage on the vehicle you were in. This would be secondary to your own UM coverage or any UM coverage under a resident relative provision.

What is the difference between add-on UM coverage and reduction UM coverage?
(1) Add-on or Excess UM Coverage: Add-on or excess UM coverage means that you can recover the full UM policy without reducing the available coverage by the amount of the liability policy. The example: If there was a liability policy of $50,000.00 and an add-on UM policy of $50,000.00, then you could recover up to $100,000.00 if your personal injury case was worth $100,000.00 or more.
(2) Reduction UM Coverage: Reduction UM coverage means that you must reduce the UM policy limits (often called an offset) by the liability limits. The example: If there was a liability policy of $25,000 and a reduction UM policy of $50,000, then the most you could recover would be the $25,000 liability plus an additional $25,000 of UM.

When are you not able to recover under a UM policy?
(1) Liability Settlements for Less Than The Policy Limits: If you settle your personal injury claim for less than the full policy limits provided by the liability policy, then you cannot pursue an under-insured motorist claim. The Georgia law says that the personal injury claimant must exhaust the underlying liability limits before there is any under-insured motorist coverage.
(2) Liability Settlements Without A Limited Release: If you settle your personal injury claim with a general release or without a proper limited release, then you can be barred from any other recoveries under other auto policies.
(3) Failure To Timely Notify The UM Insurance Companies: It is very important to notify all insurance companies of your personal injury claim as soon as possible. Some UM Policies in Georgia require notification of the potential personal injury claim within a certain number of months. Failure to notify each UM insurance company timely could cancel the UM coverage that would be provided under the terms of the UM insurance policy.

Why should I hire a personal injury lawyer to handle my personal injury case? It is very important to hire a personal injury attorney as soon as possible if you have been injured due to the negligence of another in a car accident, truck accident, motorcycle accident, pedestrian accident, bicycle accident, or any other type of accident. Hiring an attorney will make sure the following occurs:
(1) Rights: Protect your rights.
(2) Case Value: Know the real value of your case.
(3) Medical Treatment: Get the medical treatment you need even if you do not have health insurance.
(4) Medical Expenses: Recover for your past and future medical expenses.
(5) Lost Wages: Recover for your past and future lost wages.
(6) Pain and Suffering: Recover for your past and future pain and suffering.
(7) Punitive Damages: Recover for punitive damages when applicable (DUI, hit and run, and other defendant conduct that shows a reckless disregard for human life).
(8) Subrogation Claims: Negotiate waivers or reductions in subrogation claims and medical expenses.
(9) Higher Recoveries: Recover more money with an attorney than you could without an attorney in most instances. One study found that people recover on average 3.5 times more with an attorney than without in personal injury claims.

How do I get a free consultation?
(1) Free Phone Consultation: Call for a free consultation to 866-847-6545
(2) Free internet Consultation: FREE CONSULTATION OR SETTLEMENT EVALUATION