Atlanta Uninsured Motorist Accident Lawyers
If an uninsured or underinsured driver hit you in Atlanta, your own insurance policy may be your only path to compensation.
Uninsured motorist coverage can pay for medical bills, lost wages, pain and suffering, and other damages when the at-fault driver has no insurance, too little insurance, or fled the scene.
The Atlanta uninsured motorist accident lawyers at Hasner Law handle UM and UIM claims against insurance companies throughout Georgia. We review your policy, identify available coverage, and fight to make your insurer pay what your contract requires.
No Fee Unless We Win. Call 678-888-4878 to find out what your uninsured motorist coverage actually provides.
How Hasner Law Handles UM Claims Differently Than Standard Accident Cases
A UM claim is a dispute with your own insurance company, not the other driver’s. That changes the entire dynamic of the case.
Your insurer collected your premiums for years, but once you file a UM claim, that same company assigns an adjuster who evaluates your claim against the policy terms and internal valuation guidelines.
Hasner Law has recovered over $1 billion in settlements and verdicts for injured workers and accident victims across Georgia. That experience matters in UM cases because your insurer is not neutral once you file a claim.
Our attorneys know how to document damages, challenge low valuations, and hold insurers to the coverage their policyholders paid for.
Why UM Claims Require a Different Strategy
We approach UM cases by reviewing the actual policy language first. Many Atlanta drivers carry add-on (stacking) coverage without realizing it, which may increase available benefits beyond what the adjuster initially offers.
Our team reviews every page of your auto policy, identifies every applicable coverage, and calculates the full amount your policy provides before engaging with the adjuster.
Georgia’s Bad Faith Penalty for UM Insurers
Georgia law under O.C.G.A. § 33-7-11(j) provides a penalty when a UM insurer refuses to pay a valid claim within 60 days of demand.
If a court finds the refusal was in bad faith, the insurer may owe an additional 25 percent of the recovery amount or $25,000, whichever is greater, plus attorney fees.
That penalty gives your insurer a financial reason to handle your claim fairly. Knowing how to trigger that provision is part of how we build leverage in UM negotiations.
What Triggers an Uninsured Motorist Claim in Atlanta?
An uninsured motorist claim in Georgia activates under your own auto policy when the at-fault driver has no insurance, not enough insurance, or fled the scene.
Georgia law under O.C.G.A. § 33-7-11 defines an uninsured motor vehicle to include several specific situations.
The most common scenarios that trigger a UM claim in the Atlanta area include:
- The at-fault driver carries no liability insurance at all
- The at-fault driver’s policy limits are too low to cover your medical bills, lost wages, and other damages (underinsured motorist claim)
- The at-fault driver fled the scene in a hit-and-run, and the driver is unidentified
- The at-fault driver’s insurance company denied coverage or became insolvent
Hit-and-run UM claims in Georgia carry an additional requirement. Georgia law generally requires either physical contact between the vehicles or an independent eyewitness who saw the other vehicle cause the crash.
That evidence threshold is one reason reporting a hit-and-run to police immediately and collecting witness information at the scene matters so much for a UM claim.
What Is the Difference Between Add-On and Reduced-By UM Coverage in Georgia?
Georgia offers two types of uninsured motorist coverage, and the type you carry directly affects how much money is available after a crash with an uninsured driver.
Since a 2009 amendment to O.C.G.A. § 33-7-11, the default form of UM coverage in Georgia is add-on (stacking) coverage. To carry the less protective reduced-by form, you must have rejected add-on coverage in writing.
| Add-On (Stacking) UM | Reduced-By (Offset) UM | |
| How it works | Your UM limits are added on top of whatever the at-fault driver’s insurance pays | Your UM benefits are reduced by the amount the at-fault driver’s insurance already paid |
| Example with $100K UM and $25K at-fault liability | Total available: $125,000 ($25K from at-fault + $100K from your UM) | Total available: $100,000 ($25K from at-fault policy offsets your UM, leaving $75K from UM) |
| Multiple-vehicle stacking | You may combine UM limits across multiple vehicles on the same policy | No stacking across vehicles |
| Default since 2009 | Yes, this is the default unless you rejected it in writing | Only applies if you elected it in writing |
| Best for | Maximizing total recovery after a serious injury | Drivers who chose lower premiums over higher coverage |
Many Atlanta drivers carry add-on coverage without realizing it. If your insurer never collected a written rejection of add-on UM, Georgia law may treat your policy as add-on by default.
That distinction alone may double the available coverage in some cases. Call 678-888-4878 to have your policy reviewed.
What Compensation May You Recover Through a UM Claim in Atlanta?
UM coverage in Georgia pays the same categories of damages that the at-fault driver’s liability insurance would have paid if adequate coverage existed. Your UM policy steps into the at-fault driver’s shoes and pays for your losses up to your policy limits.
The types of compensation available through a Georgia UM claim include:
- Medical expenses for emergency care, surgery, hospitalization, physical therapy, prescriptions, and future treatment
- Lost wages for time away from work, plus reduced earning capacity if the injury limits your ability to return to the same job
- Pain and suffering for physical pain, emotional distress, and reduced quality of daily life
- Property damage to your vehicle, up to the property damage limits in your UM policy
- Loss of enjoyment of life when the injury restricts activities you valued before the crash
Your UM insurer is obligated to pay these damages up to your policy limits when you prove the at-fault driver’s liability and your own losses. The insurer does not get to reduce your claim simply because the other driver lacked coverage.
The contract you paid for covers these losses. The question is whether your insurer honors that contract without a fight.
What Deadlines Apply to an Atlanta Uninsured Motorist Claim?
The statute of limitations for a UM claim in Georgia is two years from the date of the accident under O.C.G.A. § 9-3-33. Missing that deadline bars the claim permanently.
Serving Your Own Insurer in a UM Lawsuit
Georgia UM law requires you to serve your own insurance company with a copy of the lawsuit as if the insurer were a named defendant.
Under O.C.G.A. § 33-7-11(d), this service must happen within the time allowed for valid service on the at-fault defendant or within 90 days of learning the vehicle was uninsured, whichever is later.
Failing to properly serve the insurer may jeopardize the UM portion of your claim even if you filed the lawsuit on time.
The Comparative Negligence Factor
Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 applies to UM claims the same way it applies to any other auto accident claim. If you are found 50 percent or more at fault, Georgia law bars recovery.
Your own UM insurer may raise comparative negligence arguments to reduce or deny your claim, just as the other driver’s insurer would have.
Ask Hasner Law
What if I do not know whether I have UM coverage?
Georgia law requires insurers to offer UM coverage with every auto policy. If you did not reject it in writing, your policy likely includes it.
We review your policy at no cost and identify every available coverage, including add-on or reduced-by status and any stacking opportunities across multiple vehicles.
How much does it cost to hire a UM accident lawyer in Atlanta?
No Fee Unless We Win. You pay nothing upfront. We advance all case costs. If we do not recover compensation through your UM claim, you owe us nothing. Our initial policy review and case evaluation are free.
What if my UM insurer lowballs the offer or denies the claim?
Georgia law penalizes UM insurers who refuse valid claims in bad faith. If your insurer refuses to pay within 60 days of demand and a court finds bad faith, the insurer may owe a penalty of 25 percent of your recovery or $25,000, whichever is greater, plus attorney fees.
That provision exists to discourage the exact behavior you may be experiencing.
FAQs for Atlanta Uninsured Motorist Accident Lawyers
Can I file a UM claim if the other driver has some insurance but not enough?
Yes. Georgia treats underinsured motorist (UIM) claims under the same statute as uninsured motorist claims. If the at-fault driver’s policy limits do not fully cover your damages, your own UM/UIM coverage may pay the difference up to your policy limits.
Does filing a UM claim raise my insurance premiums in Georgia?
No. Georgia law under O.C.G.A. § 33-9-40 prohibits insurers from increasing your premiums or canceling your policy solely because you filed a UM claim where you were not at fault.
You paid for this coverage. Using it as intended is your contractual right.
What is the minimum UM coverage Georgia insurers must offer?
Georgia insurers must offer UM coverage at the state minimum liability limits: $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage.
You may purchase higher limits up to your liability coverage amount. Higher limits provide significantly more protection in serious injury cases.
Do I have to go to arbitration for my UM claim in Georgia?
No. Georgia law under O.C.G.A. § 33-7-11(g) specifically prohibits arbitration clauses in UM endorsements. You have the right to file a lawsuit and present your claim to a jury in Fulton County Superior Court or the appropriate Georgia court.
Your insurer cannot force you into private arbitration.
What if I was a passenger in someone else’s car when the uninsured driver hit us?
Generally yes, you may still have a UM claim. If you carry your own UM coverage, your policy may apply even when you are a passenger in another vehicle. The driver’s UM policy may also apply.
Multiple UM policies may be available depending on the facts, and identifying all of them is part of what we do during the policy review.
Review Your UM Policy With Atlanta Uninsured Motorist Accident Lawyers
The amount you recover after a crash with an uninsured driver depends almost entirely on how your own policy is structured.
Add-on versus reduced-by, stacking versus non-stacking, policy limits versus actual losses. Those details sit in the fine print of a contract you signed years ago, and your insurer is counting on the fact that you did not read them closely.
At Hasner Law, our attorneys bring over 100 years of combined experience to reviewing UM policies line by line and holding insurers to what the contract requires.
Our attorneys have recovered over $1 billion in settlements and verdicts for injured workers and accident victims across Georgia, and we bring that same level of preparation and pressure to UM claims against insurance companies. Past results do not guarantee similar outcomes.
No Fee Unless We Win. Call 678-888-4878 to have your policy reviewed and find out what your coverage actually provides.