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Georgia Underinsured or Uninsured Motorist: How Much Insurance is available?

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Stacking Insurance:

The first place to look is at the other cars owned by the injured party or residents in the driver’s home.  In some situations, underinsured or uninsured motorist policies can be combined or “stacked”.  Due to the upside of stacking insurance, it is always worth exploring this option.

If the driver has three cars with three separate policies, then the injured party could potentially use all three policies.  Likewise, if a spouse or parent has a separate policy, then those might be “stackable”.  Motorcycle policies can potentially be stacked on auto policies and vice-a-versa. Please note that mutual companies, in Georgia, can have stackable UM Insurance, but other types of insurance, generally, specifically exclude stacking insurance in their policy language.

Offset- Excess/ Underinsured or Uninsured Motorist as related to Liability:

If the ‘at fault’ party is underinsured (has liability insurance, but not enough), the biggest question is ‘How will the UM Insurance be factored into Liability Insurance and all other available insurance?’  Will all of the injured party’s Underinsured or Uninsured Motorist Insurance be added to the liability insurance? (This is called Excess or Added onto At Fault.)  Will the amount equal to the liability insurance be deducted or offset from the underinsured or uninsured motorist Insurance?  (This is also known as Offset or Reduced by At Fault.)

Calculation Examples:

Excess/ Added onto At Fault

$25,000 Liability + $25,000 UM = $50,000 available insurance

$25,000 Liability + $25,000 UM + $25,000 UM = $75,000 available insurance

Offset/ Reduced by At Fault

$25,000 Liability – $25,000 UM = $25,000 available insurance

$25,000 Liability – $25,000 UM + $25,000 UM = $50,000 available insurance

Determining all available Underinsured or uninsured motorist insurance can be a complex area of law and requires the knowledge and experience of a Georgia Injury Lawyer to help you identify all available insurance.

At Breakfield & Associates, Attorneys, in Gainesville, Georgia, we welcome anyone with any Georgia Insurance Coverage questions to Call or Email Us.  Please remember that all personal injury initial consultations are free of charge.

About the author: John Breakfield is a Hall County Accident & Injury Lawyer with Breakfield & Associates, Attorneys in Gainesville, Georgia and handles matters regarding those injured by the negligence and fault of others.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes.  Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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