Uninsured & Underinsured Motorist Claims

You did nothing wrong. The other driver caused the crash — but now you’ve learned they have no insurance, or far too little to cover your injuries. This situation is more common than it should be on Georgia roads, and it’s devastating to injured victims who expect the system to work. Attorney Diana Swain helps injured Georgians navigate uninsured and underinsured motorist (UM/UIM) claims and fight for the maximum recovery available under every applicable policy.

How UM/UIM coverage works in Georgia

Uninsured motorist coverage is a part of your own auto insurance policy that steps in when the at-fault driver is uninsured or when their liability limits are too low to cover your losses. In Georgia:

• Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all, or when the driver cannot be identified (such as in a hit-and-run crash).
• Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to compensate you fully.

Georgia law requires insurers to offer UM/UIM coverage when you buy auto insurance. If you declined it, that decision may be revisited. And if you carry UM/UIM, your own insurer — despite being on your side on paper — will often resist paying the full value of your claim. That’s where having an experienced attorney matters.

How we help with UM/UIM claims

Filing a UM/UIM claim against your own insurer can feel counterintuitive, but these are legitimate, valuable claims that your insurer is obligated to pay under the terms of your policy. Diana Swain will:

• Review all auto insurance policies that may apply — your own, household members’, and others
• Confirm that proper notice and procedural steps are followed to preserve your claim
• Build and present the full evidence of the at-fault driver’s liability and your damages
• Negotiate firmly with your own insurer for a fair resolution
• Litigate the claim through trial if your insurer fails to honor its obligations

What to do after a crash with an uninsured driver

1. Call 911 and report the crash; get the police report — documentation is essential.
2. Get the other driver’s insurance and contact information, even if they claim to have no insurance.
3. Seek medical care promptly and follow your treatment plan.
4. Notify your own insurance company of the crash as required by your policy.
5. Speak with an attorney before giving any recorded statement, including to your own insurer.

Compensation you may be owed

UM/UIM coverage is designed to make you whole for losses that would otherwise be recoverable from the at-fault driver — medical expenses, lost income, pain and suffering, and more — up to the limits of your policy. Identifying the full scope of available coverage across all applicable policies is a critical part of maximizing your recovery.

Georgia deadlines matter

UM/UIM claims are subject to Georgia’s general two-year personal injury statute of limitations, as well as specific notice and procedural requirements in your policy. Acting quickly protects your rights and allows critical evidence to be preserved.

Why injured Georgians choose Swain Injury Law

UM/UIM claims require knowing the law and standing firm against an insurer that, despite being your own, is focused on paying as little as possible. Diana Swain handles each case personally and knows how to pursue every dollar of available coverage for you. Consultations are always free, and you pay no fee unless we recover compensation for you. Call 470-213-5095 today.