Georgia insurers must offer uninsured motorist coverage with every auto policy. You can turn it down in writing, but you should not. This coverage pays you when the driver who hit you has no insurance or too little. Georgia offers two types: “added-on” and “reduced-by.” The type you have can change your recovery by tens of thousands of dollars.
What the Law Says
O.C.G.A. § 33-7-11, Uninsured motorist coverage, states in part:
(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured damages for bodily injury, loss of consortium or death of an insured, or for injury to or destruction of property of an insured under the named insured’s policy sustained from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be:
(A) Not less than $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property; or
(B) Equal to the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insured’s personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured if those limits of liability exceed the limits of liability set forth in subparagraph (A) of this paragraph. In any event, the insured may affirmatively choose uninsured motorist limits in an amount less than the limits of liability.
On rejecting the coverage, subsection (a)(3) begins:
(3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the coverage in writing.
On the two types of coverage, subsection (b)(1)(D)(ii) states in part:
(I) Such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured’s motor vehicle insurance policies, and such coverages shall apply to the insured’s losses in addition to the amounts payable under any available bodily injury liability and property damage liability insurance coverages. The insured’s uninsured motorist coverage shall not be used to duplicate payments made under any available bodily injury liability insurance and property damage liability insurance coverages but instead shall be available as additional insurance coverage in excess of any available bodily injury liability insurance and property damage liability insurance coverages; provided, however, that the insured’s combined recovery from the insured’s uninsured motorist coverages and the available coverages under the bodily injury liability insurance and property damage liability insurance on such uninsured motor vehicle shall not exceed the sum of all economic and noneconomic losses sustained by the insured.
(II) Provided, however, that an insured may reject the coverage referenced in subdivision (I) of this division and select in writing coverage for the occurrence of sustaining losses from the owner or operator of an uninsured motor vehicle that considers such motor vehicle to be uninsured only for the amount of the difference between the available coverages under the bodily injury liability insurance and property damage liability insurance coverages on such motor vehicle and the limits of the uninsured motorist coverages provided under the insured’s motor vehicle insurance policies;
You can read the full statute on the Georgia General Assembly’s official code site.
In Plain English
Uninsured motorist coverage, or “UM,” is part of your own auto policy. It protects you, not the other driver. It pays when the at-fault driver has no insurance. It also pays when that driver has some insurance but not enough to cover your losses. Lawyers call that second situation “underinsured,” or “UIM.” In Georgia, one statute covers both.
Insurers must include UM coverage in every policy unless you reject it in writing. The default limit matches your own liability limits. You can pick a lower amount, but not less than $25,000 per person and $50,000 per accident.
The most important choice is between the two types of coverage. Under the statute, the default is “added-on” coverage. That is subdivision (I) above. Added-on coverage stacks on top of the at-fault driver’s policy. Your full UM limit is available after the other driver’s insurance pays out.
The second type is “reduced-by” coverage, in subdivision (II). You must choose it in writing. With reduced-by coverage, the other driver’s liability limit is subtracted from your UM limit. You only get the difference. Reduced-by coverage is cheaper, but it can leave you with nothing.
UM also covers hit-and-run crashes. Under subsection (b)(2), an unknown driver counts as uninsured. There must be actual physical contact with the unknown vehicle, unless a witness other than you confirms how the crash happened.
The statute has its own bad faith rule in subsection (j). If your UM insurer refuses to pay within 60 days of your demand, and a court finds the refusal was in bad faith, the insurer can owe a penalty. The penalty is up to 25 percent of the recovery or $25,000, whichever is greater, plus attorney fees.
Note that “insured” is broad. Under subsection (b)(1)(B), it includes you, your spouse, and relatives living in your home. It also includes anyone driving your car with permission and any passenger in it.
Example
Tasha is hit by a drunk driver in Savannah on May 10, 2026. Her injuries total $150,000 in medical bills, lost wages, and pain and suffering. The drunk driver has a $25,000 minimum policy. Tasha has $100,000 in UM coverage.
If Tasha has added-on coverage, she collects $25,000 from the drunk driver’s insurer. Then she collects up to $100,000 from her own UM coverage. Her total recovery is $125,000.
If Tasha chose reduced-by coverage, the math changes. Her $100,000 UM limit is reduced by the $25,000 the other insurer paid. Her UM coverage pays only $75,000. Her total recovery is $100,000. The cheaper option cost her $25,000.
Key Points to Remember
- Every Georgia auto policy must include UM coverage unless you reject it in writing.
- UM coverage pays you when the at-fault driver has no insurance or too little.
- Added-on coverage is the default and stacks on top of the other driver’s policy.
- Reduced-by coverage subtracts the other driver’s limits from your UM limits and must be chosen in writing.
- Hit-and-run crashes count as uninsured, but physical contact or an outside witness is required.
- A UM insurer that refuses to pay in bad faith within 60 days can owe a penalty and attorney fees.
- Check your policy declarations page today to see which type of UM coverage you have.
Related Georgia Laws
- Georgia Minimum Auto Insurance Requirements
- Bad Faith Claims Against Auto Liability Insurers
- First-Party Insurance Bad Faith Claims
- Georgia’s Time-Limited Demand Law
- Auto Accidents in Georgia
- Calculating Damages
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for section 33-7-11
- Georgia Office of Insurance and Safety Fire Commissioner – Auto Insurance
This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.