Uninsured motorist (UM) insurance pays victims of car crashes for medical bills and property damage when the at-fault driver either has no insurance, or their insurance coverage is so low that it doesn’t fully cover the costs.

Georgia law limits how much of that coverage drivers can access in certain situations. If the at-fault driver has very little liability coverage, the victim’s UM coverage will not “stack” on top of the liability coverage. Thus, accident victims often must pay for medical bills and property damage out of their own pockets.

For example:

You have a $100,000 UM policy. One day, on your way to work, you are hit by a driver who ran through a stop sign. In addition to having your car totaled, you are seriously hurt and have large medical bills. The total value of your medical bills is about $125,000. The other driver only has $25,000 in liability insurance. Looking at the cost of the accident and the two policy limits, you calculate that the $25,000 in liability coverage plus your $100,000 in UM coverage will pay all of your bills. But under current Georgia law, the other driver’s policy counts against, or eats into, your $100,000 UM coverage. Thus, your insurance company will tell you that the at-fault driver’s liability insurance covered the first $25,000 of your policy, and they will only pay the remaining $75,000 on your $100,000 UM policy. You are left with $25,000 in unpaid medical bills that you must manage on your own.

Even worse, if you had purchased $25,000 in UM coverage, you would not be allowed to access a single penny, because the other driver’s liability insurance would have eaten into your entire UM policy.

In fact, in order for you (or any other driver) to get the full benefit of the UM policy that you’ve been paying for, you have to be hit by someone driving illegally with no insurance whatsoever.

“Stacking” UM insurance guarantees that Georgia drivers get what they pay for when they elect to add this coverage to their basic auto insurance policy. Proposed legislation would allow Georgia drivers to stack their UM coverage on top of the at-fault drivers liability insurance only when necessary to cover damage and injuries from an accident.

Many other states, including neighboring Alabama, have included a stacking provision in their insurance laws. Georgia could allow drivers to stack their UM coverage on top of the at-fault driver’s liability insurance when necessary to pay for injuries and property damage. This serves two meaningful purposes:

* Protects Georgia drivers and passengers who are hurt and/or suffer property damage through no fault of their own.
* Gives consumers what they expect when they elect to pay for UM coverage. Consumers often pay UM premiums for years without needing the coverage. Shouldn’t all of that coverage be available when the time comes to use it?