Does Georgia Allow UM Stacking? What Section 33-7-11 Says

By the FigureMyTax Editorial Team · How we calculate

Georgia's statute makes UM add-on coverage and defines who is an insured, but it neither permits nor bars stacking. The answer comes from the policies and from court decisions.

The add-on rule

Section 33-7-11(b)(1)(D)(ii)(I) says a vehicle with liability insurance is considered uninsured to the full extent of the UM limits under your policies, and that UM applies to your losses in addition to the amounts payable under the available liability coverage. It is not used to duplicate those payments but is additional coverage in excess of them, and your combined recovery may not exceed the sum of all your economic and noneconomic losses.

The alternative selection

Under (b)(1)(D)(ii)(II), an insured may reject the add-on coverage and select in writing coverage that treats the other vehicle as uninsured only for the difference between the available liability coverage and your UM limits. Either selection is unavailable if the insured rejects UM altogether under subsection (a)(3).

Who is an insured

The definition in (b)(1)(B) is what lets an injured person claim under more than one policy: a resident relative, a permissive user or a guest can be an insured under the policy of the vehicle they occupied and under a household policy. The statute does not say how multiple recoveries are combined.

What it leaves open

The text says nothing about "other insurance" or anti-stacking clauses. We did not read the cases on whether such clauses are enforceable in the UM context. A report of a 2009 Georgia Supreme Court decision shows courts look at who the named insured is and what the policy says. Ask an attorney before assuming your policies add up.

How to use this

Compare the single-policy and combined results in the Georgia UM/UIM stacking calculator, start with the plain-English stacked versus single-policy explainer, and read how add-on and difference-in-limits UM work.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Georgia's rules apply to your specific case with a licensed Georgia attorney.