Uninsured motorist (UM) coverage in Georgia

UM coverage is part of a Georgia auto policy unless a named insured rejects it in writing, and it pays you when a legally liable driver has no insurance or too little. O.C.G.A. § 33-7-11 sets the rules. A UM claim is against your own insurer, but it depends on proving the other driver’s liability, and the carrier has to be served with the suit. Hit-and-run claims have a specific contact or eyewitness rule.

When a vehicle counts as uninsured

Situation	Provision	Key condition
No liability insurance	(b)(1)(D)(i)	Check that it is really absent
Too little insurance	(b)(1)(D)(ii)	Depends on your form, add-on or reduced-by
Insurer has "legally denied coverage"	(b)(1)(D)(iii)	The denial has to be legal
Insurer is insolvent	(b)(1)(D)(iv)	Notice rules in (h)
No bond or deposit in lieu of insurance	(b)(1)(D)(v)
Owner or operator unknown	(b)(2)	Physical contact, or an eyewitness

A vehicle “owned by or furnished for the regular use of” the named insured, a spouse, or a resident relative is excluded by the definition’s opening words. So a crash with a household vehicle needs a separate look.

In Travelers v. Castellanos, 297 Ga. 174 (2015), a UM carrier claimed that the other driver’s insurer had not “legally denied” coverage. The Supreme Court held the Court of Appeals erred in placing the burden of proof on the UM carrier in that instance. Who must show what can therefore shape a denial dispute, so it should be read for its facts.

Who is covered

Section 33-7-11(b)(1)(B) covers the named insured, a spouse and relatives living in the household “while in a motor vehicle or otherwise”, anyone using the insured vehicle with consent, a guest in that vehicle, and their personal representatives. A foster child or ward living in the home by order or placement is included as well. Gordon v. Atlanta Casualty, 279 Ga. 148 (2005), read the older statutory phrase “all sums” to require payment to an insured for the wrongful death of a son who was not a covered person under the policy. The Court said, “All means all, every single one.” Later statutory changes reworded (a)(1), so check the current text and later decisions before relying on that phrasing.

Getting and keeping the coverage

Section 33-7-11(a)(1) says a policy cannot be issued without UM provisions, at limits the insured selects. The amounts available are in (A) and (B). Under (a)(3), coverage does not apply where “any insured named in the policy shall reject the coverage in writing”. Umbrella or excess policies are excluded “unless affirmatively provided”. Coverage need not be increased on renewal from the amounts on the declarations page.

If a rejection or lower selection is disputed, ask for the signed document. Whether a flaw in it changes the coverage is a question for the form and for current decisions. Add-on coverage and reduced-by coverage are compared on underinsured motorist coverage.

Hit-and-run

Section 33-7-11(b)(2) deems a vehicle uninsured if the owner or operator is unknown. To recover, “actual physical contact shall have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured”, but contact is not required if the claimant’s description “is corroborated by an eyewitness to the occurrence other than the claimant”. Subsection (c) requires reporting the accident as § 40-6-273 requires.

Two decisions show the proof side. In State Farm v. Yancey, 188 Ga. App. 8 (1988), a witness’s testimony was found to be sufficient corroboration. In Dawkins v. Doe, 263 Ga. App. 737 (2003), the claimant had no evidence the John Doe driver was negligent or was the proximate cause, and the claim failed. Reporting the event is not enough: the unknown driver’s negligence still has to be shown.

So find an eyewitness name at the scene, and photograph any paint transfer or contact damage.

How the claim runs

You still prove the tort. Subsection (g) says nothing may be required of the insured “except the establishment of legal liability”. That means proving the other driver was at fault and what the damages are.

The carrier must be served. Under (d), when a reasonable belief exists that the vehicle is uninsured, “a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant”. The section addresses later service if the facts arise after suit is filed. In Mote v. State Farm, A25A0651 (2025), a UM claim was dismissed for laches in failing to exercise due diligence in perfecting service. Treat service as a real deadline.

John Doe suits. Under (d)(1), a John Doe defendant is presumed to reside in the county of the accident or the plaintiff’s county of residence, at the plaintiff’s election. Carpenter v. McMann, 304 Ga. 209 (2018), applied that venue provision in a case with a known resident driver and a John Doe.

The carrier may defend. It can appear and contest liability and damages, and it has subrogation rights under (f).

Settling with a liability carrier. Under § 33-24-41.1(c), a policy may not prohibit a settlement by limited release, or require the UM carrier’s permission for it. Pages that warn about consent should be read with that subsection. A general release is different.

Arbitration. Under (g), the coverage may not require it.

The tort deadline still controls

The two-year period under § 9-3-33 still applies to the tort claim, and a time-barred suit is a serious problem for UM, because legal liability has to be established. The vehicle claim has four years. A policy may also have notice terms.

If the carrier refuses

Section 33-7-11(j) allows, after a demand and 60 days and a finding of bad faith, up to 25 percent of the recovery or $25,000, whichever is greater, plus fees, in a separate action after judgment. McCall v. Allstate treated the specific procedure as exclusive of general penalty provisions. Insurance bad faith explains how this sits with § 33-4-6.

Stacking

Separate policies can be stacked by a person insured under each. See the stacking page.

Where to start on a UM claim

1. Read the declarations page for your UM limit and form.
2. Check for coverage on household policies.
3. Report any unknown driver, and find witnesses.
4. Notify your carrier early, and serve it with any suit.
5. Keep the two-year date in view.

Sources

• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-33, 33-7-11, 33-24-41.1, 40-6-273
• Travelers v. Castellanos, 297 Ga. 174
• Gordon v. Atlanta Casualty, 279 Ga. 148
• State Farm v. Yancey, 188 Ga. App. 8
• Dawkins v. Doe, 263 Ga. App. 737
• Mote v. State Farm, A25A0651
• Carpenter v. McMann, 304 Ga. 209
• McCall v. Allstate, 251 Ga. 869

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.