Search Site

Underinsured Motorist Coverage

At Owens & Mulherin, in motor vehicle collision cases, we provide written notice to the Defendant’s (other driver’s) automobile insurance carrier and to our client’s automobile insurance carrier. Our clients often question why we provided written notice to their insurance carrier. Their concern is that their insurance rates will go up if they use their insurance. Georgia statute, O.C.G.A. § 33-9-40, is titled “Insurer not to surcharge premium or rate charged or cancel policy as a result of insured’s involvement in multivehicle accident when insured not at fault”. The statute states that:

No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement in a multivehicle accident when such person was not at fault in such accident.

Your insurance policy can include underinsured or uninsured motorist coverage. This means that if the Defendant’s (other driver) liability insurance is less than the value of your claim, you can collect the Defendant’s policy limits and then make a claim against your insurance policy for your uninsured (if the Defendant other driver had no liability coverage) or underinsured (if the value of your claim is worth more than the Defendant’s liability limits) motorist coverage. Your insurance company is not allowed to count this collision against you, when you use your underinsured or uninsured motorist coverage, because that coverage applies when the accident is not your fault. Of course, if they were able to do so, then no one would want to buy underinsured or uninsured motorist coverage, i.e., why pay for something you will never use!

Your insurance policy may also include med pay, which is health insurance for anyone occupying your vehicle at the time of the collision. You can also have underinsured or uninsured property damage coverage, which provides property damage coverage for your vehicle when the other driver is either not insured or has insufficient liability property damage limits. Your collision coverage would also cover your vehicle under the same circumstances. 

Your insurance policy has a cooperation clause, which requires you to notify your insurance company, usually within thirty days or as soon as possible, in writing, to put them on notice of a motor vehicle collision. Your insurance then opens a claim number. This is just a way for them to keep up with that claim and does not mean that you are using your insurance. However, if you fail to provide written notice to them (which can just be an email under most policies), you may lose your insurance coverage for that accident. In other words, you must notify your own insurance company every time you are in a wreck, even if you never use the insurance, because you might lose coverage for that wreck if you fail to do so. 

Because of Georgia’s statute, you do want to use your insurance policy when you need it for medical bills (med pay), property damage (underinsured or uninsured property damage or collision coverage), or when the Defendant has inadequate liability coverage for your personal injury claim (underinsured or uninsured motorist personal injury).

We hope the above is helpful, for purposes of knowing what insurance you want to buy and what insurance you want to use when you are involved in a motor vehicle collision. Please contact us whenever we may be of further assistance. 

Reviews From Our Clients
  • "I was pregnant and injured in an automobile accident. Mr. Owens, personally, came to the hospital. He told me he would handle everything, I just needed to get healthy for the baby and myself. Mr. Owens did everything he said he would. I highly recommend Owens and Mulherin. Everyone in their office is friendly and informative. You're not just another client with them, they genuinely care." - Lindsay Chadwick

  • "Highly recommend working with this group!! They are very friendly, understanding, caring people and very easy to talk to. They Gave us plenty of time to talk with them. Did not make us feel rushed and explained everything thoroughly. Made the experience the best possible and we had a positive outcome during a tragic time. Thank you to the attorneys and entire staff." - Cindy Shuman

  • "I found Mr. Owens to be very professional and extremely sympathetic towards my needs as a result of my injuries. His experience helped guide me through my case and we ultimately won in the end...settled out of court! Thanks for all your help!" - Diane Calahan

  • "Following an automobile accident I sought representation from Wil Owens. Throughout the process he and his staff were always very kind, informative, and diligent in protecting my rights and interests. I knew my case was minor comparatively speaking, however, they never minimized the importance of my situation or claim. I would highly recommend this local law firm!!Sincerely,Christi (Fry) Vinyard" - Christi Fry

  • "This was my first time having to get an attorney and my experience was great. They make sure you fully understand everything that's going on and make sure the case is settled in your favor. I highly recommend this attorney office if you need one." - Dee James

  • "Absolutely 100% the best law firm around. I was completely blown away by the staff with all their generosity and helpfulness every step of the way. Wilbur Owens is hands down the best attorney I have ever met. He was caring, professional, and helpful in all aspects of my case, from the very begining with all my treatments to the very end with my settlement. He was highly recommend to me and I have heard nothing but great things about him and his firm. They truly are the best around and if ths need were to arise again in the future I will gladly come to the law firm of Owens and Mulherin. Wonderful people and they gave me my life back as well as piece of mind, and for that I am and always will be truly thankful." - Courtney Graves

  • "I had a good experience with Mr. Owens and Ms. Teresa. They were very professional and was on point. It was a long process but it was worth the wait. I would recommend anyone to this lawfirm." - Ashley Robertson

  • "My thanks to Mr. Owens and his crew. After getting injured at work , and not knowing what to do I found them thru a local web search. Everyone in the office was great, Will walked me thru my case and explained how it would go. After everything I would highly recommend this law firm. I can't say enough of Mr. Owens and his staff . Thank you for your help!" - Mark Kalla

  • "I worked with Mr. Ownens and his team for my most recent accident involving 2 uninsured motorists, and I am extremely pleased with the way my case was worked, as well as the outcome. I cannot say anything negative about the law firm whatsoever, but I can tell you that being hit by uninsured vehicles is a nightmare." - Nic Schuman

  • "Loved working with me. Mulherin. Didn’t make me feel rushed or pinned against a wall. He gave me the beat and worse case scenario. Went to bat for me when the insurance company thought they could get away with being cheap. Brooke was amazing to work with to. Always answered calls or emails in a timely manner." - Natasha Campbell

Leave Us A Review
Wilbur D. Owens Attorney Photo
Wilbur D. Owens

Mr. Owens devotes his practice exclusively to representing plaintiffs in personal injury and wrongful death claims. His primary focus is automobile/tractor-trailer accidents, dog bites, slip/trip and falls, medical malpractice, injuries from dangerous products, job injuries and nursing home abuse. Before joining forces with Mr. Mulherin to open Owens & Mulherin in 2001, Mr. Owens worked…

Joseph A. Mulherin Attorney Photo
Joseph A. Mulherin

Mr. Mulherin represents individuals in personal injury cases. His primary practice areas are automobile accidents, tractor-trailer collisions, medical malpractice claims and workplace injuries. Before forming Owens & Mulherin with Mr. Owens in 2001, Mr. Mulherin practiced at Bouhan, Williams & Levy, LLP, from 1984 - 2000, representing both plaintiffs and defendants in personal injury cases.…

Contact us

Quick Contact Form