Robert S. Windholz Automobile Accidents Law Blog on Lawyers.com

Georgia Attorney Robert S. Windholz, LLC

As economic times become more difficult for all of us, the more likely that we’ll have difficulty maintaining payments on our auto policies. The result is that we cut corners by driving with “bare bones” minimum insurance coverage. Likewise, each time you or I drive our cars, we face a greater chance of being involved in an accident and being injured either with an uninsured [UM] or underinsured motorist [UIM].

The best way to protect our loved ones and ourselves is by understanding Georgia Law and then following through with proactive measures.

First, no one should feel comfortable with an insurance policy that just meets the legal limits of coverage. While an uninsured motorist, someone who has no liability insurance, is clearly a hazard, an underinsured motorist can also produce great hardship to other persons by having the minimum coverage required by law. Currently, the minimum needed is $25,000 per person and $50,000 per collision. Consequently, your liability coverage and the limits of uninsured/underinsured motorist (UM) coverage on your policy are both critical to your protection.

Your UIM coverage pays for damages to you, your family, and possibly passengers in your vehicle where damages could exceed the auto liability limits of the at- fault driver. In light of today’s emergency health care costs alone, consider that Georgia’s mandatory liability limits are as follows:

$25,000 per person

$50,000 per occurrence

$25,000 per property damage

I’ve seen the dire results of enough auto accidents to recommend that, at a minimum, you should specify in writing the following conditions for your policy:

• Choose UM and Liability auto insurance coverage on all vehicles you own with at least

- $1million per person

- $1 per occurrence

- $100 for property damage

If the above UM/UIM coverage exceeds your budget, go a low as needed consistent with your budget.

Check with your insurance agent to ensure you will receive UM/UIM limits that sufficient for your needs and budget.

Senate Bill 276, which became Georgia Law effective on January 1, 2009, also provides for a new type of UM coverage know as the “Stacking” or “Added to the At-Fault’s Liability Limits.”

The difference between old and new UM coverage options:

• The old “Non Stacking” coverage reduces the amount of liability insurance that your policy would pay by the amount of money paid out by the at-fault driver’s liability insurance. $100,000 carried on your policy – $25,000 from at-fault driver’s policy = $75,000, or what you could net from your carrier
• The new UM Stacking option does not deduct the amount of the at-fault driver’s insurance from the amount of liability insurance you would receive from your own carrier. $1million carried on your policy = $1million, or what you’ll net from your carrier if your claim is that serious.

What else can you do to help cover your accidental losses and minimize your personal liability exposure?

Take out an umbrella or excess liability insurance policy—$1 million is a good figure for starters. To determine the right amount for you and your family, think about the three fundamental rules of risk management relative to your situation:

• Consider the odds.
• Don’t risk a lot for a little.
• Don’t risk more than you can afford to lose.

Note how many auto mishaps do you see in a day and how many cars are on the road. Assume 1/3 have no insurance!!!

Be safe and be prepared.

If you or a loved one has been injured, you may be entitled to money damages for the harm caused by the accident. Our Georgia law firm have represented victims of personal injury and wrongful death throughout Atlanta and North Georgia since 1973.

Contact us today for a free phone consultation regarding your personal injury case.