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If you’ve been injured in a car accident in Georgia, you may assume the at-fault driver’s insurance will pay for your medical bills, lost wages, and other damages. Unfortunately, that assumption often proves wrong. Many drivers carry little or no insurance at all. That’s where uninsured motorist (UM) and underinsured motorist (UIM) coverage come into play.
While UM and UIM claims are often discussed together, they are not the same — and misunderstanding the difference can cost accident victims thousands of dollars. At Kevin Patrick Law, we regularly help clients navigate UM and UIM claims to ensure they receive the full compensation they are entitled to under Georgia law.
This article explains the difference between UM and UIM claims in Georgia, how each works, and why having experienced legal representation matters.
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance coverage at all. This situation is more common than many people realize. Despite Georgia’s legal requirement that drivers carry liability insurance, uninsured drivers remain a serious problem on Georgia roads.
UM coverage may also apply in hit-and-run accidents, where the at-fault driver flees the scene and cannot be identified. In these cases, your UM coverage essentially steps into the shoes of the at-fault driver’s missing insurance.
In a UM claim, your own insurance policy can provide compensation for:
Medical expenses
Lost wages
Pain and suffering
Permanent disability or disfigurement
In some cases, property damage
Under O.C.G.A. § 33-7-11, Georgia insurance companies must offer uninsured motorist coverage, but drivers are allowed to reject it in writing. Unfortunately, many people don’t realize they declined UM coverage until after an accident occurs.
Underinsured motorist (UIM) coverage applies when the at-fault driver does have insurance, but their policy limits are too low to cover the full extent of your damages.
Georgia’s minimum liability insurance limits are relatively low. A serious car accident involving surgery, hospitalization, or long-term rehabilitation can easily exceed those limits. When that happens, UIM coverage helps fill the gap between the at-fault driver’s policy and your actual losses.
For example:
Your damages total $150,000
The at-fault driver carries $25,000 in liability coverage
Your UIM coverage may help cover the remaining damages, up to your policy limits
UIM coverage is often the difference between a partial recovery and meaningful financial protection after a serious injury.
The primary distinction between UM and UIM claims comes down to whether the at-fault driver has insurance:
UM claims apply when the at-fault driver has no insurance or cannot be identified
UIM claims apply when the at-fault driver has some insurance, but not enough
Both types of claims are made against your own insurance company, which can surprise many accident victims. Even though it’s your insurer, these companies are still motivated to minimize payouts — making experienced legal representation critical.
Georgia is unique in that it allows two different types of UM/UIM coverage structures:
With add-on coverage, your UM or UIM limits are stacked on top of the at-fault driver’s insurance. This generally provides the most protection and is often the better option for injured drivers.
With reduced-by coverage, your UM or UIM limits are reduced by the amount paid by the at-fault driver’s insurance. This can significantly limit recovery in serious injury cases.
Understanding which type of coverage you have requires careful review of your insurance policy — something Kevin Patrick Law routinely does for clients.
Georgia drivers are legally required to carry only minimum liability coverage. These limits often fall far short of covering the real costs of serious injuries, which may include:
Emergency medical treatment
Surgery and hospitalization
Physical therapy and rehabilitation
Lost income and reduced earning capacity
Long-term pain and suffering
Without UM or UIM coverage, injured victims may be forced to pay these costs themselves. UM and UIM coverage exist to protect you and your family, not the insurance company.
Many people assume filing a UM or UIM claim is straightforward because it involves their own insurer. In reality, these claims are often complex and aggressively defended. Insurance companies may:
Dispute the severity of your injuries
Argue about who was at fault
Delay or deny payment
Misinterpret policy language
Pressure victims into low settlements
Because UM and UIM claims are governed by specific statutory and contractual rules, even small mistakes can jeopardize your claim.
At Kevin Patrick Law, we understand the nuances of UM and UIM claims under Georgia law. Our approach includes:
Thoroughly reviewing your insurance policy to identify all available coverage
Determining whether add-on or reduced-by coverage applies
Handling communications and negotiations with insurance companies
Building strong injury claims supported by medical evidence
Litigating UM/UIM claims when insurers refuse to pay fair compensation
We know how insurance companies operate — and we know how to hold them accountable.
The difference between UM and UIM claims in Georgia can significantly impact your financial recovery after an accident. Whether you were hit by an uninsured driver, a driver with minimal coverage, or a hit-and-run motorist, understanding your rights is critical.
If you’ve been injured in a car accident and are unsure whether UM or UIM coverage applies, Kevin Patrick Law can help you get clear answers and pursue maximum compensation.
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