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Uninsured/Underinsured Motorists

Atlanta Uninsured/Underinsured Motorist Attorneys

Filing an Uninsured/Underinsured Motorist Claim in Georgia

Although Georgia State laws require all drivers to carry minimum liability insurance, many people choose to drive without auto insurance. According to the Insurance Information Institute, about one in eight motorists in the U.S. are uninsured. In Georgia, specifically, about 12.4 percent of drivers do not have any insurance, which means you have a relatively high chance of being involved in an accident with an uninsured driver.

If you are injured by an uninsured driver, you won’t be able to file a claim against them for damages. However, if you have uninsured/underinsured (UM/UIM) insurance of your own, you could be able to recover compensation for your medical bills, lost wages, and other losses.

Filing a UM/UIM claim in Georgia can be complicated. We encourage you to reach out to our Atlanta uninsured/underinsured motorist attorneys at Goldstein Hayes & Lina, LLC for help. Our team has more than 75 years of combined experience and has recovered over $300 million in compensation for our clients. We are prepared to help you navigate the legal process and fight for every penny you are owed.

Call (888) 425-6070 or contact us online today to schedule a free initial consultation.

Georgia Car Insurance Requirements

The state of Georgia has enacted laws requiring every driver to carry minimum liability insurance. Motorists can choose to add supplemental coverage—such as collision, personal injury protection (PIP), medical payments (MedPay), or uninsured/underinsured motorist (UM/UIM)—but they must have the basic liability insurance requirements.

Georgia’s minimum liability insurance requirements are as follows:

  • $25,000 in bodily injury or death per person
  • $50,000 in bodily injury or death per accident (two or more people)
  • $25,000 in property damage coverage

Remember, your liability insurance is meant to protect others in car accidents you cause. It does not provide any benefits to you if you are injured by another driver. Your supplemental coverage (if you have it) can assist with medical bills, lost wages, and other damages you suffer as a result of someone else’s coverage, but most accident victims must file claims with the at-fault driver’s insurance provider. If the other driver doesn’t have insurance, or if they flee the scene of the accident before you can get their information, you can turn to your UM/UIM coverage.

Is Uninsured Motorist Coverage Mandatory in Georgia?

Uninsured (and underinsured) motorist coverage is not mandatory in Georgia. However, your insurance company must offer you UM/UIM coverage, and you must reject this coverage in writing to not include it on your auto insurance policy. If you have not specifically rejected UM/UIM coverage in writing, you likely have it as part of your policy.

Our attorneys can review your auto insurance policy and determine if you are covered. If you have been in an accident with an uninsured driver, you may have several options when it comes to recovering compensation for your damages. Our team is here to help you fully understand all of your options and provide you with the information and representation you need to move forward.

What Does UM/UIM Insurance Cover?

In Georgia, uninsured and underinsured motorist covers both economic and non-economic damages after an accident.

This includes but is not limited to:

  • Medical expenses
  • Lost income/wages
  • Lost earning ability
  • Pain and suffering
  • Emotional distress
  • Disfigurement
  • Loss of enjoyment of life
  • Miscellaneous out-of-pocket expenses

While uninsured motorist (UM) covers your costs when the at-fault driver does not have any insurance, underinsured motorist (UIM) is intended to make up the difference in coverage when the other driver does have insurance but not enough to cover the full cost of your damages.

What Is New & Traditional Underinsured Motorist Coverage?

Georgia classifies underinsured motorist (UIM) coverage as “new” and “traditional.” With traditional UIM, the amount you can receive from your UIM policy is reduced (or “off-set”) by the other driver’s liability coverage amounts. For example, if you have $30,000 in UIM coverage, and the at-fault driver has the minimum $25,000 in liability, you can only receive the difference between the two amounts ($5,000) from your UIM policy.

New UIM is different in that it allows you to stack coverage. This means that you can receive the full amount of the other driver’s liability coverage in addition to the full amount of your UIM coverage. Using the same numbers from the previous example, you could recover $25,000 in the at-fault driver’s liability coverage, as well as $30,000 in UIM coverage, totaling $55,000.

If you are unsure what type of UIM insurance you have, you can review your policy or talk to your insurance company. We strongly recommend that you speak to an attorney at our firm if you are filing a UIM claim, as the type of coverage you have makes a big difference in your potential recovery.

Can You Sue an Uninsured or Underinsured Motorist After an Accident?

While you are allowed to sue an uninsured/underinsured motorist after an accident, this is likely to be a dead end. Someone who cannot afford minimum liability insurance will likely lack the resources to pay a judgment or verdict. This means that even if you win your case, you may have trouble collecting the money you are owed.

However, this should not stop you from exploring all possible legal options. At Goldstein Hayes & Lina, LLC, we work directly with our clients to determine the best course of action, whether that’s filing an uninsured/underinsured motorist claim, suing the at-fault driver in court, or taking alternative actions. We can provide detailed information tailored to your unique situation during a no-cost, no-obligation consultation. Reach out to us today to get started.

How Our Firm Can Help

At Goldstein Hayes & Lina, LLC, we assist clients who have been seriously injured in motor vehicle accidents, working tirelessly to recover the full compensation they are owed. Our Atlanta uninsured motorist attorneys can review your policy to determine if you have UM/UIM coverage, assist you in filing a claim, or work with your insurance company if your claim has been disputed or denied. If necessary, we can even help you bring a lawsuit against the at-fault driver.

We are known for our aggressive approach to negotiation and litigation, as well as our long history of success in complex car accident cases. Whether you were injured by an uninsured motorist or involved in a hit-and-run accident, our team is ready to fight for you.

There are no legal fees unless we recover compensation for you. Call (888) 425-6070 or contact us online for a free consultation today. 

Case Results

More Than $400 Million Won for Georgia's Injured
  • $150 Million Truck Driver DUI: Wrongful Death
  • $30 Million Brain & Spinal Cord Injuries Requiring Extensive Treatment
  • $24,000,000 Commercial Motor Vehicle Collision Involving Brain and Spinal Cord Injuries
  • $20 Million Medical Negligence: Medical Malpractice
  • $17,250,00 Wrongful death tractor trailer collision
  • $9 Million Medical Negligence: Traumatic Brain Injury
  • Million Dollar Advocates Forum
  • Super Lawyers
  • Martindale-Hubbell®
  • Multi-Million Dollar Advocates Forum
  • The National Trial Lawyers: Top 100
  • Best Lawyers
  • 2021 America’s Top 100 Personal Injury Attorneys
  • Best Law Firms in Georgia, First-Tier Rankings


    • 75 Years of Combined Experience
      We apply our 75 years of combined legal experience to make sure each and every case is meticulously prepared for trial.
    • Over $600 Million in Recoveries
      We have successfully represented clients against some of the largest corporations, insurance companies, and hospitals.
    • Recognized for Our Expertise, with the Awards to Prove It
      Our attorneys are nationally recognized for providing exceptional service and obtaining outstanding results.
    • Personal Attention, Like You Are One of Our Own
      Our boutique setting ensures you receive small firm care – all with the advocacy, skill, and experience of a large firm.

    Client Testimonials

    Real Stories of Recovery
      "The most efficient, professional and ethical law firm in Georgia."
      If you are looking for the most efficient, professional and ethical law firm in Georgia you do not need to look any further than Goldstein Hayes & Lina, P.C. There are not enough kind and positive words that can use to express the gratitude and respect
      - Eileen G.
      "They have exceeded my expectations."
      Atty. Jonathan Hayes worked very hard for me and getting my case settle in a timely matter. I will recommend Goldstein Hayes & Lina P.C. to anyone looking for the best personal injury attorneys in Atlanta. They have exceeded my expectations.
      - Shunte
      "Extremely attentive, personable, and there for me."
      Goldstein Hayes & Lina made my unfortunate experience positive by representing me with little to no work on my end. It allowed me to heal from my injuries without worries. Mr. Hayes and paralegals were extremely attentive, personable, and there for me
      - Lauren J.
      "They have been so wonderful."

      Mr. Hayes, Jessica and Alli have helped me with two cases in the past 3 years, and they have been so wonderful! The generosity and kindness of everyone at this practice are just great. I will always refer them to anyone that needs legal representation f

      - Amanda S.
      "They have a client for life!!"
      I cannot tell you how much I appreciate the time and effort Jonathan Hayes and his staff have put into making my case successful!! Me and my family are forever grateful for all the help and support you have given us over the years. Jonathan Hayes fights fo
      - Cherry H.
      "Compassionate and professional service."
      Mr. Hayes, as well as his paralegal Jessica, offered us compassionate and professional service. Nothing can bring our son back, but having Mr. Hayes walk us through the litigation process made this nightmare just a little bit more bearable.
      - Dorcas W.
      "Highly recommended!"
      If you're looking for a firm that will fight for you, this is definitely the place to be. No fast-talking or bait and switch. They did everything they said they would do! They stood by me and concerned themselves with what concerned me.
      - Tina C.
      "The best attorney I have ever worked with."
      Both Jonathan and Jessica are extremely professional and really took care of me. Their communication was incredible through the whole process and I never had to worry about anything. From the start, they were really involved and interested in my wellbeing
      - Jessica P.
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