Hit by an Uninsured Driver in Cobb County? How Your UM Coverage Works

When the driver who hit you has no insurance, the claim often turns to your own policy. If you were hurt in a Cobb County uninsured driver accident, Georgia’s uninsured motorist (UM) law may give you a path to compensation. Here is how that coverage works and what to do first.

What UM coverage pays for

Georgia requires auto insurers to include UM coverage in every policy unless a named insured rejects it in writing (O.C.G.A. § 33-7-11). UM coverage can pay for bodily injury and property damage caused by a driver who has no liability insurance, too little insurance, or whose insurer has denied coverage or become insolvent. It can also apply to some hit-and-run crashes.

“Added-on” versus “reduced-by” coverage

This choice can change how much is available to you. Under Georgia law, UM coverage is “added on” by default. It is available on top of the at-fault driver’s liability limits. A policyholder may instead select “reduced-by” coverage in writing. In that case, the at-fault driver’s limits are subtracted from your UM limits.

Hypothetical: A driver in Marietta has $50,000 in UM coverage. The at-fault driver has a $25,000 policy. With added-on coverage, up to $75,000 may be available for her losses. With reduced-by coverage, the total available may be $50,000. Your declarations page shows which type you have.

Steps to take after the crash

• Call the police and get the report. In Cobb County, the investigating agency may be the Cobb County Police Department, a city police department such as Marietta or Smyrna, or the Georgia State Patrol. The report helps show that the other driver lacked coverage.
• Notify your own insurer promptly. Most policies require timely notice of a crash and of a possible UM claim.
• Report a hit-and-run. If the other driver left the scene, Georgia’s UM statute requires the crash to be reported as the law requires in order to recover.
• Get medical care and keep records. Keep every bill, receipt and health-insurance statement.
• Request your full policy. Ask for the declarations page and any UM selection or rejection forms you signed.

Your insurer may become your opponent

A UM claim is made against your own insurer, but it does not always feel that way. If a lawsuit is filed against an uninsured driver, Georgia law requires a copy of the suit to be served on the UM insurer as if it were a named defendant. Your insurer may then defend the case. The usual two-year deadline for personal injury lawsuits still applies (O.C.G.A. § 9-3-33).

For a full walk-through of the claim process, see our guide on how a car accident claim works, step by step, and our post on evidence to save when fault is disputed.

How our office can help

Our office can review your policy, confirm whether the other driver had coverage, put every insurer on notice and handle the service requirements if a lawsuit is needed. Learn more about working with a Cobb County car accident lawyer.

Call us today, at (770) 840-9098 to speak with an attorney.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different and past results do not guarantee future outcomes. Results may vary depending on the specific facts and circumstances of your case.