If you’ve been injured in a car accident in Georgia, you may be worried about whether the at-fault driver’s insurance will fully cover your damages. Medical bills, lost wages, and pain and suffering can quickly exceed policy limits. Fortunately, Georgia law provides a powerful tool to help protect your right to additional recovery: the limited release. Understanding how a limited release in Georgia works can be the difference between full compensation and leaving money on the table.
What Is a Limited Release in Georgia?
A limited release in Georgia is a special type of settlement agreement created by state law under O.C.G.A. § 33-24-41.1. It allows you to settle your claim with the at-fault driver’s insurance company without giving up your right to pursue compensation from your own underinsured motorist (UIM) coverage.
In a typical settlement, signing a release ends your case entirely. But a limited release works differently—it lets you accept the at-fault driver’s policy limits while preserving your ability to seek additional compensation if your damages exceed that amount.
Why a Limited Release in Georgia Matters
Many drivers in Georgia carry only minimum liability insurance. If your injuries are serious, that coverage may not come close to covering your losses. Without a limited release, accepting a settlement could unintentionally waive your right to recover more.
A properly structured limited release:
- Protects your UIM claim
- Allows you to access available liability coverage immediately
- Prevents insurance companies from using technicalities to deny additional compensation
- Helps maximize your total recovery
How Underinsured Motorist Coverage Works
Underinsured motorist (UIM) coverage is part of your own auto insurance policy. It steps in when the at-fault driver’s insurance is not enough to cover your damages. If you want to understand how insurers handle these claims, our breakdown of UM claims and when your insurer must pay is a helpful companion read.
For example: If the at-fault driver has $25,000 in coverage but your damages total $100,000, your UIM coverage may cover the remaining $75,000—but only if your rights are properly preserved through a limited release.
Common Mistakes to Avoid
Insurance companies often move quickly to settle claims—and not always in your best interest. Some common pitfalls include:
- Signing a full release instead of a limited release
- Accepting a settlement before understanding the full extent of your injuries
- Failing to properly notify your UIM carrier
- Using incorrect legal language that invalidates your UIM claim
Once you sign the wrong type of release, you may lose your right to additional compensation permanently.
Why You Need an Experienced Personal Injury Attorney
Limited releases must be carefully drafted to comply with Georgia law. Even small errors can have major consequences for your case. Working with an experienced personal injury lawyer in Atlanta ensures your settlement is handled correctly from the start.
An experienced personal injury attorney can:
- Evaluate the true value of your claim
- Negotiate with insurance companies on your behalf
- Ensure your limited release is properly structured
- Protect your rights to pursue UIM benefits
- Maximize your overall recovery
Frequently Asked Questions About a Limited Release in Georgia
Does signing a limited release affect my UIM claim?
No. The entire purpose of a limited release in Georgia is to let you collect the at-fault driver’s liability limits while keeping your underinsured motorist claim alive. When it is drafted correctly under O.C.G.A. § 33-24-41.1, your UIM carrier remains on the hook for damages that exceed the liability coverage.
How long do I have to pursue a limited release in Georgia?
Georgia generally applies a two-year statute of limitations to personal injury claims, but settlement deadlines and UIM notice requirements can be shorter. Because timing mistakes can permanently cost you compensation, it is best to speak with an attorney as early as possible after your accident.
Talk to Maples, Connick & Brendel Today
If you’ve been injured in a car accident in Georgia, don’t risk leaving money on the table. The right legal strategy—including the use of a limited release—can make a significant difference in your financial recovery.
Contact Maples, Connick & Brendel today for a free consultation. Our experienced personal injury attorneys will guide you through the process, protect your rights, and fight to get you the compensation you deserve.
Call us now or fill out our online contact form to get started.
