UM/UIM Coverage FAQs

Medical Payments (MedPay) coverage pays medical bills immediately, regardless of fault, and is available under most Georgia auto policies. Health insurance will also pay bills subject to copays and deductibles—but may assert a subrogation lien against your UM/UIM recovery. ERISA health plan liens, Medicaid liens (under O.C.G.A. § 49-4-149), and Medicare liens (under 42 U.S.C. § 1395y(b)) must be carefully navigated to preserve your net recovery. HBLG handles all lien negotiations as part of every case.

Commercial vehicle accidents often involve multiple layers of insurance coverage beyond the driver’s personal policy—commercial auto, employer’s liability, umbrella/excess policies, and potentially MCS-90 endorsements for motor carriers regulated by the Federal Motor Carrier Safety Administration (FMCSA). Government vehicle accidents trigger ante litem (pre-lawsuit) notice requirements under O.C.G.A. § 36-33-5 (municipalities) and O.C.G.A. § 50-21-26 (state agencies). These deadlines can be as short as six months. Call HBLG immediately: 844-HAUG LAW – +18444284529

Yes, with a caveat. Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33: you may recover as long as you are less than 50% at fault, but your damages are reduced by your percentage of fault. UM/UIM benefits are similarly prorated. HBLG works diligently to minimize any fault attributed to our clients and maximize the net recovery.

Yes. UM/UIM coverage compensates for all compensable damages under Georgia law, including medical expenses (past and future), lost wages (past and future), diminished earning capacity, pain and suffering, loss of enjoyment of life, and, in wrongful death cases, the full value of the decedent’s life under O.C.G.A. § 51-4-2. Your UM/UIM insurer will attempt to minimize these damages; HBLG maximizes them.

First, document everything. Then contact an experienced personal injury attorney immediately. HBLG will: (1) conduct an independent investigation; (2) retain medical and economic experts to document your full damages; (3) send a formal O.C.G.A. § 33-4-6 demand if the insurer has acted in bad faith; and (4) file suit if necessary. We have successfully litigated bad faith claims against Georgia’s largest insurers and are not afraid to take a case to a jury.

The timeline varies significantly. Many UM/UIM claims are resolved within 6–18 months through negotiation. Complex cases—particularly those involving catastrophic injury, disputed liability, bad faith claims, or multiple insurers—can take 2–4 years through trial. HBLG pushes cases aggressively and does not allow insurers to use delay as a negotiating tactic. If an insurer fails to respond to a written demand within 60 days, we evaluate a bad faith claim under O.C.G.A. § 33-4-6.

Potentially, yes. Georgia allows stacking of UM/UIM benefits in certain circumstances—for example, if you own multiple vehicles under the same policy, or if you qualify as an insured under a family member’s separate policy. O.C.G.A. § 33-7-11(b)(1)(D)(ii) and cases such as Nationwide Mutual Insurance Co. v. Peek, 291 Ga. App. 347 (2008) provide the analytical framework. HBLG performs a complete policy audit in every case to identify all available coverage.

“Add-on” (excess) UM/UIM coverage stacks on top of whatever the at-fault driver’s liability insurance pays, giving you the full benefit of both policies. “Reduced” (offset) UM coverage subtracts the tortfeasor’s liability payment from your UM benefit—meaning your UM insurer keeps the difference. Always elect add-on coverage. Under O.C.G.A. § 33-7-11(b)(1)(D)(ii), you must affirmatively elect reduced coverage; if you do nothing, add-on is the default. Check your declarations page and call HBLG if you are unsure which election you made.

Yes. Under Georgia law and as confirmed in Cotton States Mutual Insurance Co. v. Neese, 254 Ga. 335 (1985), UM/UIM coverage extends to policyholders and household members regardless of whether they were in the covered vehicle at the time of the accident. If you were struck as a pedestrian or cyclist by an uninsured driver, your own UM policy—or a household member’s UM policy—may cover you.

Yes. Georgia’s wrongful death statute, O.C.G.A. § 51-4-2, entitles surviving spouses and children to the “full value of the life” of the decedent—an extraordinarily broad damages measure with no statutory cap. UM/UIM coverage is often the primary source of recovery in fatal accidents involving uninsured drivers. HBLG has recovered millions for grieving Georgia families in exactly these circumstances, including a $30,000,000 wrongful death verdict in DeKalb County obtained jointly by James R. Haug and Colin A. Barron (the Butler case). Call us: (844) HAUG-LAW / 844-428-4529.

Yes—under Georgia law, to collect UM/UIM benefits, you typically name your own insurer as a party defendant in the lawsuit. Your own insurer then has the right to defend in the name of the uninsured or underinsured driver. This can feel strange—suing your own company—but it is the proper procedure under O.C.G.A. § 33-7-11(d). HBLG handles this process seamlessly and ensures your interests are protected throughout.

Uninsured motorist (UM) coverage activates when the at-fault driver has no insurance at all, or in a hit-and-run where the driver cannot be identified. Underinsured motorist (UIM) coverage activates when the at-fault driver has some insurance, but not enough to fully compensate you. In Georgia, both coverages are governed by O.C.G.A. § 33-7-11 and are typically written together on the same policy endorsement.

If an uninsured driver hits you in Georgia, your own UM coverage under O.C.G.A. § 33-7-11 applies. You file a claim with your own insurer. If you elected add-on UM coverage, your insurer pays up to your UM policy limits on top of anything the at-fault driver pays (which is $0 if uninsured). If you have no UM coverage and the driver has no assets, you may have little recourse—which is exactly why HBLG urges every Georgian to carry UM/UIM coverage.