When a fatal motor vehicle collision in Georgia involves a driver who carries no insurance, or whose insurance is not enough to cover the loss, uninsured and underinsured motorist coverage can become an important source of recovery in a wrongful death case. This coverage, often abbreviated UM or UIM, is part of an automobile insurance policy and is governed primarily by O.C.G.A. § 33-7-11.
What UM and UIM Coverage Is
Uninsured motorist coverage protects against losses caused by an at-fault driver who has no liability insurance at all. Underinsured motorist coverage addresses the situation in which an at-fault driver does have liability insurance, but the available limits are too low to cover the full extent of the loss. In Georgia, both forms are commonly referred to together as UM coverage, and the same statute governs them.
The Statutory Offer Requirement
Under O.C.G.A. § 33-7-11, an automobile insurer issuing a liability policy in Georgia must offer uninsured motorist coverage. The offered coverage is generally available in an amount equal to the liability limits of the policy, though the policyholder may choose a lower amount or reject the coverage. A rejection or selection of reduced limits must be made in writing. Because of this default rule, many Georgia policies include UM coverage even when the policyholder does not specifically remember purchasing it.
Two Types of UM Coverage in Georgia
Georgia recognizes two structures for underinsured motorist coverage. One is commonly called traditional or reduced coverage, in which the UM limit is offset by the amount of liability coverage available from the at-fault driver. The other is sometimes called added-on or excess coverage, in which the UM limit stacks on top of the at-fault driver’s liability coverage rather than being reduced by it. The structure of a particular policy affects how much UM coverage is actually available after the at-fault driver’s liability insurance is applied. Which structure applies depends on the policy’s terms.
How UM Coverage Works in a Wrongful Death Claim
In a wrongful death case arising from a vehicle collision, the family first looks to the at-fault driver’s liability insurance. If that driver had no insurance, UM coverage may apply. If that driver had insurance but the limits are exhausted and do not fully compensate the loss, UIM coverage may apply to the remaining amount, subject to the policy structure described above.
A key limitation concerns who must be insured for UM coverage to respond. Georgia’s UM statute was amended to remove broad “all sums” language, and Georgia courts have interpreted the current statute to require that the decedent have been an insured under the UM policy for a wrongful death claim to proceed under that policy. The persons considered insured under a typical policy include the named insured, resident relatives and the spouse living in the same household, and persons using the covered vehicle with permission, among others. The precise definition appears in the policy and in the statute.
Identifying Available UM Coverage
More than one UM policy can potentially apply to a single death. A decedent may have been insured under a personal policy, and may also have qualified as an insured under a resident relative’s policy. Whether multiple policies can be combined, and in what order they pay, depends on the policy language and on Georgia’s rules governing priority of coverage and stacking.
Procedure and Deadlines
A UM claim is a claim against the decedent’s own insurer or another insurer under which the decedent qualified as an insured, but it still arises out of the fault of the uninsured or underinsured driver. To pursue UM benefits in litigation, Georgia procedure generally requires that the UM insurer be served with the lawsuit so that it has the opportunity to participate, even though the insurer may not be named as a party defendant in the caption.
The two-year statute of limitations for wrongful death claims, drawn from O.C.G.A. § 9-3-33, generally governs the timing of the underlying claim, and the related UM claim is tied to that underlying claim. Policies may also contain notice provisions.
How UM Recovery Relates to Damages
UM and UIM coverage does not change the measure of damages in a Georgia wrongful death case. The recovery still represents the full value of the life of the decedent under O.C.G.A. § 51-4-1, and a separate estate claim may address the decedent’s pre-death expenses and conscious pain and suffering. UM coverage simply provides an additional pool of money from which a covered loss may be paid, up to the applicable UM limits.
In summary, uninsured and underinsured motorist coverage fills the gap left when an at-fault driver lacks adequate insurance. In a Georgia wrongful death case, the availability of that coverage turns on whether the decedent qualified as an insured, the type and limits of the UM coverage, the structure of the policy, and compliance with the statutory and contractual requirements that govern UM claims.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.