Uninsured and Underinsured Motorist Coverage in Georgia (§ 33-7-11). O.C.G.A. § 33-7-11(a)(1) (2025): no auto liability policy may be issued in Georgia unless it contains UM coverage paying damages from an uninsured motor vehicle, unless the insured rejects the coverage in writing. Call (470) 852-6328. Cooper Law publishes no case results.
Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026
What § 33-7-11 actually requires
Offer vs buy
UM is not mandatory for the driver to buy; the insurer must offer it and a written rejection is required to drop it. If the insurer cannot produce a signed rejection, courts have treated UM as existing by operation of law at liability limits — that is a fact-specific issue, not a promise on this page.
Comparative fault still applies: a UM recovery can be reduced or barred under O.C.G.A. § 51-12-33 if the insured is 50% or more at fault.
Written rejection
Hit-and-run and uninsured owners fall within the UM framework of § 33-7-11; the police report (BuyCrash / EPORTS) still matters to identify the investigating agency and any plate.
Add-on vs reduced-by
Read the declarations page
O.C.G.A. § 33-7-11(a)(1) (2025): no auto liability policy may be issued in Georgia unless it contains UM coverage paying damages from an uninsured motor vehicle, unless the insured rejects the coverage in writing. Limits at the insured's option shall be not less than $25,000/$50,000/$25,000, or equal to the liability limits if those exceed the minimums; the insured may affirmatively choose lower UM limits.
§ 33-7-11 treats a vehicle as uninsured to the full extent of the insured's UM limits in the add-on form: UM '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' and shall not duplicate those payments.
Georgia still offers a reduced-by (traditional) election: UM is offset by the tortfeasor's liability payments. That election must be in writing.
Do not tell a reader which form they have without the declarations page.
Georgia minimum liability is 25/50/25 (bodily injury per person / per accident / property). UM minimum offered matches those floors in § 33-7-11(a)(1)(A).
Do not promise that UM will pay any amount. Policy form (add-on vs reduced-by), limits, offsets, and fault share decide what is available.
O.C.G.A. § 33-7-11(a)(1): Insurers must offer UM unless rejected in writing; floors 25/50/25.
O.C.G.A. § 33-7-11: Add-on UM applies in addition to available liability coverages and does not duplicate them.
Underinsured, not just uninsured
Statute uses 'uninsured motor vehicle' to cover inadequate limits.
Fault still matters
§ 51-12-33.
Georgia law that applies
- O.C.G.A. § 33-7-11(a)(1) — Insurers must offer UM unless rejected in writing; floors 25/50/25.
- O.C.G.A. § 33-7-11 — Add-on UM applies in addition to available liability coverages and does not duplicate them.
Attorney advertising. This is general information about Georgia law, not legal advice for a particular person, and it does not create a lawyer-client relationship.
What this page does not claim
Cooper Law publishes no case results and no client quotes. This page does not promise a recovery, name an average settlement, claim Spanish-language service, or describe a satellite office. The only office is 260 Peachtree St NW, Atlanta, GA 30303. Call (470) 852-6328.
Related pages
Related Cooper Law pages:
Sources: O.C.G.A. § 33-7-11 (2025) - Justia · O.C.G.A. § 51-12-33 · GDOT Crash Data & Reporting · Cooper Law - no dollar promises
The firm
Omar A. Cooper, Esq.; 260 Peachtree St NW; (470) 852-6328. Attorney advertising disclaimer required.
Where these facts were opened
Each fact on this page was opened at the source listed in the verified brief. O.C.G.A. § 33-7-11 (2025) - Justia; O.C.G.A. § 51-12-33; GDOT Crash Data & Reporting; Cooper Law - no dollar promises.
O.C.G.A. § 33-7-11(a)(1) (2025): no auto liability policy may be issued in Georgia unless it contains UM coverage paying damages from an uninsured motor vehicle, unless the insured rejects the coverage in writing. Limits at the insured's option shall be not less than. Opened at O.C.G.A. § 33-7-11 (2025) - Justia.
§ 33-7-11 treats a vehicle as uninsured to the full extent of the insured's UM limits in the add-on form: UM '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' and. Opened at O.C.G.A. § 33-7-11 add-on language.
Georgia still offers a reduced-by (traditional) election: UM is offset by the tortfeasor's liability payments. That election must be in writing. Do not tell a reader which form they have without the declarations page. Opened at O.C.G.A. § 33-7-11.
UM is not mandatory for the driver to buy; the insurer must offer it and a written rejection is required to drop it. If the insurer cannot produce a signed rejection, courts have treated UM as existing by operation of law at liability limits — that is a fact-specific issue, not. Opened at O.C.G.A. § 33-7-11(a)(1).
Georgia minimum liability is 25/50/25 (bodily injury per person / per accident / property). UM minimum offered matches those floors in § 33-7-11(a)(1)(A). Opened at O.C.G.A. § 33-7-11(a)(1)(A).
Comparative fault still applies: a UM recovery can be reduced or barred under O.C.G.A. § 51-12-33 if the insured is 50% or more at fault. Opened at O.C.G.A. § 51-12-33.
Hit-and-run and uninsured owners fall within the UM framework of § 33-7-11; the police report (BuyCrash / EPORTS) still matters to identify the investigating agency and any plate. Opened at GDOT Crash Data & Reporting.
Do not promise that UM will pay any amount. Policy form (add-on vs reduced-by), limits, offsets, and fault share decide what is available. Opened at Cooper Law - no dollar promises.
Omar A. Cooper, Esq. reviews these questions from 260 Peachtree St NW, Atlanta, GA 30303. Call (470) 852-6328. A shorter ante-litem notice can still apply when a city, county, or state vehicle is involved, which is why the code sections on this page are named rather than paraphrased. This page is general information, not a substitute for reading the crash report or the insurance policy.
FAQs
Is UM required in Georgia?
Insurers must offer it under § 33-7-11. You can reject it in writing. It is not a mandatory coverage the way South Carolina treats UM.
What is add-on UM?
Add-on (the statutory 'in addition to' form) lets UM apply on top of the at-fault driver's liability payments without duplicating them. Reduced-by offsets those payments against your UM limit.
What are the minimum UM limits?
Not less than $25,000 per person / $50,000 per accident / $25,000 property, unless you affirmatively choose less or match higher liability limits.
Can UM pay if I was mostly at fault?
§ 51-12-33 still reduces or bars recovery at 50% or more fault.
Will Cooper Law tell me my UM check amount?
No. That depends on your form, limits, and the file. No dollar promises.
Talk to Cooper Law
Reviewed by Omar A. Cooper, Esq. Call (470) 852-6328 or send the details. The office is 260 Peachtree St NW, Atlanta, GA 30303.
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