What to Do If the At-Fault Driver in a Georgia Car Accident Is Underinsured

• October 7, 2025
• Attorney David Mann
• Car Accidents

It’s one thing to get hit by a careless driver. It’s another to discover they don’t have enough insurance to cover your medical bills or lost income. That’s the situation many Georgia drivers face after serious wrecks when the at-fault driver is underinsured or worse, has no coverage at all.

Georgia law requires all drivers to carry auto insurance, but the minimum coverage often falls short. And when injuries are severe, hospital costs can exceed those limits in a matter of days.

If you’ve been injured in a Georgia car accident with an underinsured driver, there are still ways to pursue compensation, through your own underinsured motorist coverage, or by identifying other liable parties.

Key takeaways for “What to Do if the At-Fault Driver in a Georgia Car Accident is Underinsured”

• Georgia’s minimum insurance requirements may not cover serious injuries after a crash.
• Carrying underinsured motorist (UIM) coverage on your policy can help fill the gap after a low-coverage accident.
• You may still have a claim against other responsible parties or assets.
• Insurance companies often delay or underpay UIM claims without legal pressure.
• A car accident lawyer can help investigate options and file a strong claim.

Why Georgia Drivers Face Underinsured Claims So Often

The law in Georgia requires drivers to carry only $25,000 in bodily injury coverage per person and $50,000 per accident. In a two-car wreck with multiple injuries, that amount runs out fast, especially if anyone needs surgery, rehab, or time off work, not to mention the often severe emotional trauma that can result from serious accidents.

Many drivers purchase the minimum to save on premiums. If you’re hit by one of them and suffer serious injuries, their coverage might not even touch your emergency room bill. That’s where underinsured motorist (UIM) coverage becomes essential.

What Is Underinsured Motorist Coverage in Georgia?

In Georgia, insurance companies are required by law to offer uninsured and underinsured motorist (UM/UIM) coverage, although drivers may reject it in writing.

This protection is outlined in Georgia Code § 33-7-11, which governs how UM/UIM policies work and when they apply. If you didn’t sign a written waiver, your policy may include this coverage, even if you’re not sure you selected it.

UIM coverage helps when the at-fault driver’s liability policy doesn’t cover the full cost of your injuries. In Georgia, insurance companies must offer it, but drivers can opt out. If you didn’t reject it in writing, you likely have some level of UIM protection in your own policy.

UIM can cover:

• Medical bills that exceed the at-fault driver’s policy limits
• Lost wages due to missed work
• Pain and suffering damages
• Long-term care and therapy

Unlike standard liability claims, these cases involve your own insurer. Unfortunately, many drivers trust that their carrier will automatically pay fairly for their damages, but these claims often face just as much scrutiny and delay as any third-party claim.

Steps to Take After an Accident with an Underinsured Driver

If you were injured in a crash and later learned the other driver didn’t carry enough insurance, you’re not out of options, but timing matters. Your actions after the crash can make a big difference in how your underinsured motorist claim is handled.

Here are important steps to protect your claim:

• Seek medical care immediately if you haven’t already, not just for your well-being, but to create an official record of your injuries.
• Notify your insurance provider of the potential underinsured claim
• Request a copy of your own policy to confirm UM/UIM coverage
• Consult a car accident lawyer before negotiating or accepting any offer from the insurer

Insurance companies often pressure claimants to settle quickly, especially when policy limits are in play. But those first offers almost always fail to reflect your actual losses. A personal injury attorney can review your case, gather supporting documentation, and push back on lowball offers.

Can You Sue an Underinsured Driver in Georgia?

Yes, but it’s not always practical. If the at-fault driver carries only minimum insurance and has limited assets, filing a lawsuit might not lead to actual recovery. However, you may still be able to:

• Pursue a personal injury claim for the amount not covered by insurance
• Stack multiple UIM policies if more than one applies
• Investigate third-party liability, such as vehicle owners or employers

Each case is different. Sometimes another driver or entity shares fault, and identifying them can open up new sources of compensation. Your lawyer can investigate whether additional policies or parties may apply.

Types of Damages You Can Recover

If the other driver doesn’t have enough insurance to cover your losses, your claim may include:

• Costs of emergency care, surgery, and rehab
• Lost wages or future lost earning capacity
• Physical pain and emotional distress
• Vehicle repairs or replacement
• Long-term disability or reduced quality of life

The total amount you can recover depends on your policy limits, the at-fault driver’s coverage, and the strength of your medical and financial documentation.

FAQs for Georgia Underinsured Motorist Claims

Can I file a UIM claim in Georgia if I was partly at fault?

Yes, you can. Georgia follows a modified comparative negligence rule, which allows you to recover compensation as long as you were less than 50% at fault for the crash. However, your total recovery may be reduced by your percentage of fault. A car accident lawyer can defend your claim against unfair blame, work to reduce your assigned fault, and help increase the amount of compensation you may be eligible to recover.

How long do I have to file an underinsured motorist claim in Georgia?

Georgia’s statute of limitations for personal injury claims is two years from the date of the accident, according to Georgia Code § 9-3-33. However, your insurance policy may have stricter notice requirements for UIM claims. Some require written notice within 30 or 60 days. Failing to notify your insurer on time could result in a denied claim, so it’s important to act quickly even if you’re still recovering.

Will my insurance premiums go up if I use my UIM coverage?

Not necessarily. Since UIM claims are typically filed when another driver is at fault, your insurer may not raise your premiums. That said, insurance companies use many factors when setting rates, and some may view any claim as a potential risk increase. It’s wise to ask your insurer directly or speak with a lawyer before filing, especially if you’re concerned about long-term cost.

What if the at-fault driver fled the scene and couldn’t be identified?

If the driver left the scene and was never identified, your situation may fall under uninsured motorist (UM) coverage. Georgia law allows you to pursue a UM claim in hit-and-run accidents, but you’ll need to show that the crash involved actual contact or provide other strong evidence. These cases can be harder to prove without police documentation or witnesses, so getting legal support early is important.

Next Steps If You Were Hit by an Underinsured Driver

Being injured by a driver who doesn’t have enough coverage can leave you feeling angry, stuck, and overwhelmed. Add to that an insurance company that refuses to pay you fairly for what you’ve suffered and lost, and you’re left feeling like the whole system is working against you.

At Mann Law Firm, we’ve seen how often injured drivers in Georgia are left dealing with the consequences of a crash caused by someone who carried only the bare minimum insurance coverage. Our team helps people recover what their policies should provide, especially when insurance companies delay or deny valid claims.

We’ll help you review your coverage, file the proper claim, and build a case that shows the full impact of your injuries. Call (478) 742-3381 or reach out through our online form to schedule a free consultation today.