HomeBlogThe Importance of UIM and UM Insurance in Georgia
Brauns Law Accident Injury Lawyers, PC | | Car Accidents
While most people understand the importance of purchasing auto insurance coverage, many often want to pay as little in premiums as possible. That’s why many decline to purchase uninsured motorist (UM) and underinsured motorist (UIM) coverage. UM and UIM insurance are essential in Georgia and can protect you in many common car accident scenarios that we will discuss here.
What Is UM and UIM Insurance?
UM and UIM are additional types of coverage you can purchase as part of your auto insurance policy. UM and UIM coverage is purchased together to protect you and your passengers in accidents caused by an uninsured or underinsured driver. Uninsured motorist, or UM, insurance is used to protect you in an accident when the at-fault driver has no insurance. Underinsured motorist, or UIM, insurance applies in cases where the at-fault driver does not have enough insurance to cover the cost of the losses caused by the accident. Georgia law does not require motorists to carry UM and UIM insurance, but it requires insurance companies to offer it.
Why Is UM and UIM Insurance Important?
Uninsured and underinsured motorists are probably more common than you think. An estimated 12.4 percent of motorists in Georgia are uninsured. Drivers may be uninsured for many reasons, from simply choosing not to buy insurance to being unlicensed or failing to pay their premiums. If you are involved in an accident with an uninsured motorist, UM insurance may be your only option for obtaining compensation.
Many people choose only to purchase the minimum amount of auto liability coverage. These amounts are:
$25,000 per person and $50,000 per accident for bodily injury
$25,000 per accident for property damage
Suppose you are involved in a severe or catastrophic injury accident with a motorist carrying minimum coverage. In that case, it’s unlikely that these amounts would be enough to cover all of your losses. Without UIM insurance, you could end up having to pay out-of-pocket for medical bills and property repairs that exceed these amounts.
When Does UM and UIM Insurance Apply?
UM and UIM insurance coverage can be used to protect you when you are involved in one of the following types of accidents:
A crash caused by a driver who has no insurance
A crash caused by a driver who does not have enough insurance coverage to fully compensate for all losses, including property damage and bodily injury to you and your passengers
A hit-and-run accident where the at-fault driver cannot be identified
A pedestrian or bicycle accident
Most UM and UIM policies provide coverage for you and the following individuals:
Your spouse, if they live in the same household
Your children who live in your household
Anyone who is using your insured vehicle with your consent
Any other passengers riding in your insured vehicle
What Types of UM and UIM Coverage Are Available?
In Georgia, there are two types of UM and UIM coverage:
Non-stacking – This type of coverage is also referred to as “reduction” or “traditional” coverage. You can use non-stacking coverage only if it exceeds the at-fault driver’s insurance coverage. For example, let’s say you have $50,000 in non-stacking UM/UIM coverage. You are hit by a driver who has only the minimum $25,000 in bodily injury liability coverage. You are seriously injured in this accident, and your medical bills amount to $35,000. In this case, you would be able to draw on the first $25,000 from the other driver’s policy, and the remaining $10,000 would come from your UM/UIM insurance. If, on the other hand, you and the other driver both had the same amount of $25,000 in coverage, you would not be able to use your UM/UIM policy at all. Instead, the additional $10,000 in medical bills would have to be paid out-of-pocket by you.
Stacking – This type of coverage is also called “add-on” or “excess” coverage. Stacking coverage allows you to “stack” your coverage on top of the other driver’s. So, in the scenario above, if you and the other driver both have $25,000 in coverage, you can use their $25,000 plus your additional $25,000 in coverage. While stacking insurance is more expensive, it is more likely to provide the coverage you need in the event of an accident.
Regardless of what type of UM/UIM coverage you have, you must notify your insurance company about an accident as soon as possible after it occurs. Just because the at-fault driver can show proof of insurance at an accident scene does not mean that they have valid insurance. To make a claim against your UM/UIM insurance coverage, you are required to notify your insurance company of an accident promptly. Failure to do so could result in a denial of your UM/UIM insurance claim.
Injured in an Accident? How an Auto Accident Attorney Can Help
Getting legal help immediately after a car accident can strengthen your claim and improve your chances of receiving maximum compensation for your losses. A Gwinnett County car accident attorney can help you understand the complicated insurance claims process and your rights in the event of an accident. They can deal with the insurance companies on your behalf to ensure that all UM/UIM policy rules and reporting requirements are met and help you seek the fair compensation you’re entitled to.
At Brauns Accident & Injury Lawyer PC, we are dedicated to helping our clients with every aspect of their case. Our sole personal injury attorney and founder, David Brauns, understands how insurance companies evaluate claims and how to negotiate a fair settlement or file a lawsuit and take your case to court. We work on a contingency fee basis, meaning you won’t pay anything unless we win money for you. The process must be started quickly with a UM/UIM auto accident claim, so don’t wait any longer. Call or contact us online today.
I am the founding partner of Brauns Law Accident Injury Lawyers, PC. I only represent plaintiffs in injury cases and only handle personal injury claims. This allows me to focus solely on personal injury litigation and devote myself to helping injured residents in Georgia recover fair compensation for their damages.
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What does an accident injury lawyer typically handle?
An accident injury lawyer typically handles cases involving personal injuries resulting from accidents, including car collisions, slips and falls, and workplace injuries, ensuring clients receive the compensation and support they need to recover.
Can accident injury lawyers help with insurance claims?
Accident injury lawyers can significantly assist with insurance claims. They have the expertise to navigate the complexities of insurance companies, ensuring you receive the compensation you deserve for your injuries and losses.
Do accident injury lawyers work on a contingency fee?
Accident injury lawyers typically work on a contingency fee basis. This means they only get paid if you win your case, allowing you to pursue your claim without upfront legal fees.
What are the benefits of hiring a local personal injury lawyer in Georgia?
The benefits of hiring a local personal injury lawyer in Georgia include their in-depth knowledge of state laws, familiarity with local courts and judges, and a strong understanding of the regional insurance landscape, all of which can significantly enhance your case's chance of success.
What types of cases do Georgia personal injury lawyers handle?
Georgia personal injury lawyers handle a variety of cases, including car accidents, slip and fall incidents, medical malpractice, workers' compensation claims, and defective product cases, ensuring victims receive the justice and compensation they deserve.
How do I find a good personal injury lawyer in Georgia?
Finding a good personal injury lawyer in Georgia involves researching local attorneys, checking their experience and success rates, reading client reviews, and scheduling consultations to ensure they understand your needs and can effectively represent you.
Do I need an accident injury lawyer for a car accident?
The need for an accident injury lawyer for a car accident depends on various factors. If you’ve sustained significant injuries or are facing challenges with insurance claims, hiring a lawyer can help ensure you receive fair compensation.
What is the role of an accident injury lawyer?
The role of an accident injury lawyer is to provide legal representation for individuals injured in accidents, guiding them through the complexities of the legal system to secure fair compensation for their losses and suffering.
How do I find a reputable accident injury lawyer?
Finding a reputable accident injury lawyer involves researching their credentials, reading client reviews, and evaluating their experience in handling similar cases. Look for firms with proven track records and a commitment to client advocacy.
What types of accidents do injury lawyers handle?
Injury lawyers handle a variety of accidents, including motor vehicle collisions, slip and fall incidents, workplace injuries, medical malpractice cases, and product liability claims. They specialize in representing victims seeking compensation for their injuries and damages.
Can an accident injury lawyer help with insurance claims?
An accident injury lawyer can significantly assist with insurance claims by leveraging their expertise to navigate the complex claims process, negotiate effectively with insurance companies, and ensure that victims receive the compensation they deserve for their injuries.
What are the fees of an accident injury lawyer?
The fees of an accident injury lawyer typically operate on a contingency fee basis. This means that clients only pay legal fees if their case is successful, usually receiving a percentage of the awarded compensation.
What is the statute of limitations for accident injuries?
The statute of limitations for accident injuries is the legal timeframe within which an injured party must file a claim. In Georgia, this period is typically two years from the date of the accident.
How do I know if I need a personal injury lawyer in Georgia?
Determining whether you need a personal injury lawyer in Georgia depends on the severity of your injuries, the complexity of the case, and the insurance company's response. If your claim involves significant medical expenses or disputes, consulting an attorney is advisable.
Can I sue for emotional distress in a Georgia personal injury case?
You can sue for emotional distress in a Georgia personal injury case if you can demonstrate that the distress resulted from the defendant's negligent or intentional actions, and you have also sustained physical injuries as a result.
What are the benefits of hiring an accident injury lawyer?
The benefits of hiring an accident injury lawyer include expert legal guidance, negotiation with insurance companies, maximizing compensation for damages, and alleviating the stress of navigating the legal process, ensuring that your rights are effectively protected.
When to hire an accident injury lawyer?
Knowing when to hire an accident injury lawyer is important. You should consider seeking legal representation immediately after an accident, especially if you sustained serious injuries, if the insurance company is uncooperative, or if your case involves significant medical expenses or liability disputes.
Can an accident injury lawyer help with medical bills?
Accident injury lawyers can assist with medical bills by negotiating with insurance companies and ensuring you receive the compensation needed to cover your medical expenses related to the accident. They work to secure the financial relief you deserve.
What should I ask an accident injury lawyer?
When consulting an accident injury lawyer, it's essential to ask about their experience with cases similar to yours, their approach to handling your case, their fee structure, and the expected timeline for resolution.
How can I prepare for a consultation?
Preparing for a consultation involves gathering relevant documents, outlining questions you have, and thinking through your case details. This ensures a focused discussion and allows your attorney to better understand your situation and provide tailored advice.
What documentation is needed for a claim?
The documentation needed for a claim includes medical records, accident reports, proof of lost wages, and any other evidence supporting your injury and the circumstances of the accident. Ensuring you gather all relevant documents will strengthen your case.
What is the average cost of legal fees?
The average cost of legal fees can vary widely based on several factors, including the complexity of the case and the attorney's experience. Often, personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
How is compensation calculated for accident claims?
Compensation for accident claims is calculated based on factors such as medical expenses, lost wages, pain and suffering, and property damage. Each case varies, and legal expertise can help maximize your potential recovery.
What common mistakes to avoid in personal injury cases?
Common mistakes to avoid in personal injury cases include failing to seek medical attention promptly, not documenting the accident and injuries thoroughly, ignoring legal deadlines, and discussing details of the case with insurance adjusters without legal advice.
How does a lawyer prove fault in accidents?
A lawyer proves fault in accidents by collecting evidence such as police reports, witness testimonies, and photographs of the scene, alongside analyzing traffic laws and accident circumstances to establish liability and support their client's case for compensation.
What role do witnesses play in personal injury cases?
Witnesses play a crucial role in personal injury cases by providing objective testimony that can support the victim's claims. Their accounts can help establish facts, clarify circumstances of the accident, and strengthen the case for fair compensation.
Can I appeal if my injury claim is denied?
You can appeal if your injury claim is denied. The appeals process allows you to contest the denial, presenting additional evidence or arguments to support your case for compensation.
How long do I have to file a claim?
The timeline for filing a claim is essential to understand. Generally, you have two years from the date of your accident in Georgia to file a personal injury claim, but it's crucial to consult with an attorney for specifics related to your case.
What types of damages can I claim?
The types of damages you can claim include economic damages such as medical expenses and lost wages, as well as non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
What factors affect my accident settlement amount?
The factors that affect your accident settlement amount include the severity of your injuries, medical expenses, lost wages, the degree of fault, insurance policy limits, and the impact of the accident on your quality of life.
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