Uninsured motorist coverage protects you when the driver who hits you has no insurance — or not enough of it to cover your injuries. In Louisiana, Alabama, and Georgia, it is often the difference between full recovery and paying six-figure medical bills out of your own pocket.
You are driving through Mobile, Metairie, or Midtown Atlanta, minding your own business, when another vehicle swerves into your lane and hits you. As you exchange information, you realize the driver at fault has no insurance — or has only the bare-minimum policy required by state law, which will not come close to covering your medical bills.
This is exactly the situation uninsured motorist coverage (UM) exists to solve. And it is one of the most valuable — and most misunderstood — pieces of any auto insurance policy.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, commonly abbreviated UM, is an optional (or in some cases required-to-be-offered) add-on to your auto insurance policy. It steps in and pays your medical bills, lost wages, and pain and suffering damages when the at-fault driver either:
- Has no insurance at all, or
- Flees the scene (hit-and-run) and cannot be identified, or
- Is covered under a stolen vehicle or similar situation where their insurance will not respond
In effect, UM coverage lets your own insurance company stand in the shoes of the at-fault driver’s insurer and pay what that insurer would have owed.
UM vs. UIM — Two Coverages, One Purpose
The two most valuable pieces of insurance you can buy for yourself go by similar names, and most drivers confuse them:
- Uninsured Motorist (UM) — pays when the at-fault driver has no insurance.
- Underinsured Motorist (UIM) — pays when the at-fault driver has insurance but their policy limits are too low to cover your damages.
Most policies bundle the two together as UM/UIM coverage. If yours does not, you should almost always add UIM as well — because in real terms, the underinsured driver is a bigger threat than the completely uninsured one. State-minimum liability policies (which many drivers carry) start at $25,000 or less in some states, and a single ambulance ride plus an ER visit can eat that entire limit before you ever see a specialist.
Why UM Coverage Matters More Than You Think
Roughly 1 in 8 drivers nationwide is uninsured, according to Insurance Research Council estimates — and that number climbs higher in some Southeastern states. Even more drivers carry only the legal minimum liability limits, which are wildly insufficient for a serious injury claim.
UM coverage matters for four reasons:
- It is the only coverage that responds when there is nothing else. No other insurance policy in the world will pay for your injuries if the at-fault driver is uninsured and you do not have UM.
- It covers hit-and-run accidents. Where the other driver flees and cannot be identified, your UM coverage responds as if they were an uninsured motorist.
- It protects you as a pedestrian, cyclist, or passenger. UM coverage travels with the person, not the vehicle. If you are hit by an uninsured driver while walking, biking, or riding in someone else’s car, your UM policy can respond.
- It stacks on top of the at-fault driver’s coverage in most jurisdictions. If the other driver had a $25,000 policy but your damages are $200,000, UIM coverage can fill the gap.
How Uninsured Motorist Rules Differ Across Louisiana, Alabama, and Georgia
UM coverage is governed by state law, and the rules differ significantly across the three states where our firm practices.
Louisiana
Under La. R.S. 22:1295, insurance companies must offer UM coverage on every auto policy sold in Louisiana. Drivers can reject the coverage, but only via a specific written form. Louisiana is generally a stacking state — meaning if you have multiple vehicles or multiple policies, you may be able to combine coverage limits. Louisiana also has a strong body of law protecting UM claimants against bad-faith insurance conduct.
Alabama
Under Ala. Code § 32-7-23, insurers must offer UM coverage on every auto policy unless the applicant rejects it in writing. Alabama allows stacking of UM coverage in many circumstances. Critically, Alabama’s contributory negligence rule still applies to UM claims — if you are found even 1% at fault for the accident, you may be barred from recovering under your own UM policy. This makes early investigation and evidence preservation especially important in Alabama.
Georgia
Under Ga. Code § 33-7-11, UM coverage must be offered unless waived in writing. Georgia has an important wrinkle most drivers do not know about: since 2008, drivers can choose between two forms of UM coverage.
- Traditional / “reduced by” UM — the at-fault driver’s coverage is subtracted from your UM limit. If they had $25,000 and you have $50,000 UM, only $25,000 in UM is actually available to you.
- Add-on / “stacking” UM — your UM coverage sits on top of the at-fault driver’s coverage. If they had $25,000 and you have $50,000 add-on UM, you have $75,000 total available.
Add-on is the default for policies written after January 1, 2009 unless the driver specifically selects reduced coverage. Many Georgians who bought insurance before then are still on traditional UM without realizing they can — and should — switch.
How Uninsured Motorist Coverage Works After an Accident
When you are hit by an uninsured or underinsured driver, you file a claim with your own insurance company under your UM/UIM coverage. Your insurer then investigates, evaluates, and — in theory — pays your covered losses up to your policy limits.
Here is the part most drivers do not expect: your own insurance company becomes your adversary in a UM claim. It is legally and financially in their interest to minimize what they pay you. Adjusters may:
- Dispute the severity of your injuries
- Argue the accident was partly your fault
- Delay the claim for months
- Make lowball settlement offers
- Request recorded statements designed to undermine your claim
- Deny the claim outright and force you to sue
This is the same insurance company you have been paying premiums to for years. But when you make a first-party claim, that relationship changes overnight. That is why serious UM claims almost always benefit from attorney representation.
How Much UM Coverage Should You Have?
Rule of thumb: your UM/UIM limits should be at least equal to your liability limits. If you carry $100,000/$300,000 liability, you should carry $100,000/$300,000 UM/UIM.
Even better: increase both together, and consider an umbrella policy that extends UM coverage into the millions of dollars. Umbrella coverage is remarkably inexpensive relative to the protection it provides.
If you rejected UM coverage on your current policy — or bought only minimum limits — call your agent tomorrow and increase them. It costs very little compared to the risk of an uninsured driver hitting you tonight.
Common Mistakes That Cost UM Claimants Money
- Signing the rejection form. Insurance companies present UM rejection at the point of sale to lower the quoted premium. Never reject UM coverage unless you fully understand what you are giving up.
- Setting limits too low. State minimums are almost never enough for a serious injury.
- Assuming your own insurance company is on your side. In a first-party UM claim, they are not.
- Giving a recorded statement without counsel. Adjusters use these to build a defense against your own claim.
- In Georgia, carrying traditional/reduced UM instead of add-on without knowing the difference.
- Missing the deadline to notify your carrier. Your policy contains notice requirements; miss them and coverage can be denied.
When to Contact an Attorney About a UM Claim
If your UM claim is denied, delayed, lowballed, or if the accident caused serious injuries, contact an experienced personal injury attorney as soon as possible. Insurance companies count on injured drivers not knowing the value of their claim — or not being willing to fight for it.
At Maples, Connick & Brendel, we handle UM and UIM claims across Louisiana, Alabama, and Georgia from our offices in New Orleans, Mobile, and Atlanta. We take on the insurance company so you can focus on recovering. Our attorneys work on a contingency fee basis — no fees or costs unless we recover for you.
If you have been injured by an uninsured or underinsured driver, call 504-269-3870 or request a free case review through our contact page. Case reviews are free and confidential.
Frequently Asked Questions
Is uninsured motorist coverage required by law?
In Louisiana, Alabama, and Georgia, insurance companies are required to offer UM coverage on every auto policy, but drivers can reject it in writing. In practice, UM is required to be included unless you specifically opt out.
Does UM coverage pay for hit-and-run accidents?
Yes. If the at-fault driver flees the scene and cannot be identified, your UM coverage generally responds as if they were an uninsured driver. There are typically procedural requirements — such as reporting the accident to law enforcement within a short window — that must be met.
Will filing a UM claim raise my insurance rates?
Insurance companies are generally prohibited from raising your rates based solely on a not-at-fault UM claim. However, patterns of claims can affect your renewal. This should never stop you from filing a legitimate claim.
Does UM coverage protect passengers in my car?
Yes. UM coverage typically covers you, your family members in your household, and passengers in your insured vehicle at the time of the accident.
What if I already signed a UM rejection form and now I need it?
You cannot retroactively add UM coverage to a policy after an accident. However, you may still have coverage under a household member’s policy, or through other insurance in the vehicle you were riding in. An attorney can help identify every available source of coverage.
What is the difference between UM and UIM?
UM (uninsured motorist) pays when the at-fault driver has no insurance at all. UIM (underinsured motorist) pays when the at-fault driver has insurance but their limits are too low to cover your damages. Most policies bundle the two together as UM/UIM.
In Georgia, what is the difference between traditional and add-on UM?
Traditional (reduced) UM is offset by the at-fault driver’s coverage, so you may recover less than your policy limit shows. Add-on UM stacks on top of the at-fault driver’s coverage, giving you the full policy amount. Add-on is the default for Georgia policies written after January 1, 2009.
