Question 1

Does Georgia allow UM stacking?

Accepted Answer

The statute does not use the word. UM applies to an “insured” as the statute defines it, which includes the named insured, resident relatives and permissive users, and Georgia courts have addressed whether limits of several policies add up. Whether you can stack depends on being an insured under each policy and on the policy terms, so ask an attorney before relying on a stacked figure.

Question 2

How does Georgia UM work when the other driver has some insurance?

Accepted Answer

By default it is add-on coverage: your UM applies in addition to the available liability coverage, so it is excess over that coverage, but your combined recovery cannot exceed all your economic and noneconomic losses. You may instead reject that and select in writing difference-in-limits coverage (O.C.G.A. 33-7-11(b)(1)(D)(ii)).

Question 3

What are the minimum UM limits?

Accepted Answer

At the insured's option, not less than $25,000 per person, $50,000 per accident and $25,000 for property damage, or limits equal to your bodily injury and property damage liability limits if higher. The insured may affirmatively choose UM limits lower than the liability limits (33-7-11(a)(1)).

Question 4

What if the driver fled?

Accepted Answer

The vehicle is deemed uninsured, but there must have been actual physical contact with you or your property unless an eyewitness other than you corroborates your description. You also must report the accident as the statute requires (33-7-11(b)(2) and (c)).

Question 5

How long do I have to sue?

Accepted Answer

Actions for injuries to the person must be brought within 2 years after the right of action accrues (O.C.G.A. 9-3-33). If the at-fault driver is known, a suit against them must be served on your UM insurer as though it were a named defendant (33-7-11(d)).

Georgia UM/UIM Stacking Calculator

Estimate your UM benefits

Georgia's UM is add-on coverage, and stacking is decided outside the statute

Georgia UM/UIM Stacking Calculator

Estimate your UM benefits

Georgia's UM is add-on coverage, and stacking is decided outside the statute

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