Georgia Code
Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance
§ 33-7-11. Uninsured Motorist Coverage Under Motor Vehicle Liability Policies

History. Code 1933, § 56-407A, enacted by Ga. L. 1963, p. 588, § 1; Ga. L. 1964, p. 306, § 1; Ga. L. 1967, p. 463, § 1; Ga. L. 1968, p. 1089, §§ 1, 2; Ga. L. 1968, p. 1415, § 1; Ga. L. 1971, p. 926, §§ 1, 2; Ga. L. 1972, p. 882, § 1; Ga. L. 1973, p. 487, § 1; Ga. L. 1975, p. 1221, § 1; Ga. L. 1976, p. 1195, § 1; Ga. L. 1978, p. 1895, § 1; Ga. L. 1980, p. 1428, § 1; Ga. L. 1983, p. 938, § 1; Ga. L. 1984, p. 839, §§ 1-3; Ga. L. 1985, p. 149, § 33; Ga. L. 1986, p. 394, § 1; Ga. L. 1987, p. 3, § 33; Ga. L. 1991, p. 1608, § 1.4; Ga. L. 1994, p. 97, § 33; Ga. L. 1998, p. 1064, § 3; Ga. L. 2000, p. 1516, § 1; Ga. L. 2001, p. 1228, §§ 1, 2; Ga. L. 2006, p. 72, § 33/SB 465; Ga. L. 2006, p. 815, §§ 1-3/SB 531; Ga. L. 2008, p. 1192, §§ 1, 2/SB 276; Ga. L. 2019, p. 337, § 1-38/SB 132; Ga. L. 2021, p. 431, § 2/HB 714; Ga. L. 2022, p. 352, § 33/HB 1428.
The 2019 amendment, effective July 1, 2019, deleted the former fourth sentence of paragraph (a)(3), which read: “The amount of coverage need not be increased in a renewal policy from the amount shown on the declarations page for coverage existing prior to July 1, 2001.”; in paragraph (a)(4), in the first sentence, substituted “as described in” for “as defined in” in three places, deleted “person” following “insured” in two places, and deleted “as now or hereafter amended” following “terms of this chapter”; substituted “representatives of any such persons. The term ‘insured’ ” for “representatives of any of the above. For policies issued or renewed on or after July 1, 2006, the term ‘insured’ ” and “department of family and children services” for “Department of Family and Children Services” in subparagraph (b)(1)(B); and deleted the former second and third sentences of subdivision (b)(1)(D)(ii)(III), which read: “For private passenger motor vehicle insurance policies in effect on January 1, 2009, insurers shall send to their insureds who have not rejected coverage pursuant to paragraph (3) of subsection (a) of this Code section a notice at least 45 days before the first renewal of such policies advising of the coverage options set forth in this division. Such notice shall not be required for any subsequent renewals for policies in effect on January 1, 2009, or for any renewals for policies issued after January 1, 2009.”
The 2021 amendment, effective July 1, 2021, in subsection (j), inserted “or $25,000.00, whichever is greater,” in the middle of the first sentence, and inserted “or her” in the middle of the last sentence. See Editor’s notes for applicability.
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (a)(4).
Cross references.
Liability for failing or refusing in bad faith to pay claim generally, § 33-4-6 .
Apportionment of casualty insurance among admitted insurers, §§ 33-9-7 , 33-9-8 .
Motor vehicle accident reparations generally, T. 33, C. 34.
Motor carrier bond or insurance, § 40-1-112 .
Insurance requirements for operation of motor vehicles generally, § 40-6-10 .
Motor vehicle accident financial responsibility, T. 40, C. 9.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2001, “subparagraph (A) of this paragraph” was substituted for “subparagraph (a)(1)(A)” in subparagraph (a)(1)(B).
Editor’s notes.
Ga. L. 1984, p. 839, § 4 not codified by the General Assembly, provided that that Act would apply to all motor vehicle liability insurance policies issued, delivered, or renewed in Georgia on or after January 1, 1985, except for the subsection (j) amendment, which would take effect upon the date of the Governor’s approval (March 28, 1984).
Ga. L. 1986, p. 394, § 2, not codified by the General Assembly, provided: “This Act shall become effective January 1, 1987, and shall apply to motor vehicle liability insurance policies issued, delivered, or renewed in Georgia on or after January 1, 1987.”
Ga. L. 1991, p. 1608, § 3.1, not codified by the General Assembly, provides that this Code section shall become effective on October 1, 1991, and shall apply to policies of motor vehicle insurance issued, issued for delivery, delivered, or renewed on and after October 1, 1991.
Ga. L. 2001, p. 1228, § 3, not codified by the General Assembly, provides that: “Sections 1 and 2 of this Act shall only apply to policies issued or renewed on or after January 1, 2002.”
Ga. L. 2006, p. 815, § 4, not codified by the General Assembly, provides that: “Section 1 of this Act shall apply to all policies issued, delivered, or issued for delivery in this state on and after such date.”
Ga. L. 2008, p. 1192, § 5, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all policies issued, delivered, issued for delivery, or renewed in this state on and after January 1, 2009.
Ga. L. 2021, p. 431, § 4/HB 714, not codified by the General Assembly, provides: “This Act shall apply to causes of action accruing on or after July 1, 2021.”
Law reviews.
For article, “Uninsured Motorist Coverage in Georgia,” see 4 Ga. St. B.J. 329 (1968).
For article surveying recent legislative and judicial developments regarding Georgia’s insurance laws, see 31 Mercer L. Rev. 117 (1979).
For article surveying Georgia cases in the area of insurance from June 1979 through May 1980, see 32 Mercer L. Rev. 79 (1980).
For article surveying developments in Georgia insurance law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 143 (1981).
For annual survey of insurance law, see 35 Mercer L. Rev. 177 (1983).
For annual survey of law of insurance, see 38 Mercer L. Rev. 247 (1986).
For annual survey of recent developments in insurance law, see 38 Mercer L. Rev. 473 (1986).
For article, “Duty to Settle and Insurance Defense Counsel’s Ethical Dilemmas,” see 26 Ga. St. B.J. 68 (1989).
For annual survey of insurance law, see 42 Mercer L. Rev. 259 (1990).
For annual survey on trial practice and procedure, see 42 Mercer L. Rev. 469 (1990).
For annual survey article on insurance law, see 45 Mercer Law Rev. 253 (1993).
For review of 1998 legislation relating to insurance, see 15 Ga. St. U.L. Rev. 153 (1998).
For annual survey article discussing developments in insurance law, see 51 Mercer L. Rev. 313 (1999).
For annual survey article on evidence law, see 52 Mercer L. Rev. 303 (2000).
For annual survey article discussing trial practice and procedure, see 52 Mercer L. Rev. 447 (2000).
For article, “Insurance,” see 53 Mercer L. Rev. 281 (2001).
For survey article on insurance law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 277 (2003).
For survey article on trial practice and procedure for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 439 (2003).
For article, “Bad Faith in Insurance Claim Handling in Georgia: An Overview and Update,” see 9 Ga. St. B.J. 10 (2003).
For annual survey of insurance law, see 56 Mercer L. Rev. 253 (2004).
For annual survey of insurance law, see 57 Mercer L. Rev. 221 (2005).
For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).
For annual survey of insurance law, see 58 Mercer L. Rev. 181 (2006).
For survey article on evidence law, see 59 Mercer L. Rev. 157 (2007).
For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007).
For survey article on insurance law, see 60 Mercer L. Rev. 191 (2008).
For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008).
For annual survey on insurance, see 61 Mercer L. Rev. 179 (2009).
For annual survey of law on insurance, see 62 Mercer L. Rev. 139 (2010).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For annual survey on insurance law, see 64 Mercer L. Rev. 151 (2012).
For annual survey on insurance law, see 66 Mercer L. Rev. 93 (2014).
For annual survey of insurance law, see 67 Mercer L. Rev. 73 (2015).
For article, “Uninsured Motorist Benefits in Light of Thurman v. State Farm,” see 23 Ga. St. B.J. 19 (Oct. 2017).
For annual survey on insurance law, see 69 Mercer L. Rev. 117 (2017).
For annual survey on trial practice and procedure, see 69 Mercer L. Rev. 321 (2017).
For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018).
For annual survey on insurance law, see 70 Mercer L. Rev. 111 (2018).
For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 305 (2019).
For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).
For note, “Conflicts of Interest in the Liability Insurance Setting,” see 13 Ga. L. Rev. 973 (1979).
For note, “Stacking of Uninsured Motorist and Medical Expense Insurance Coverages in Automobile Insurance Policies,” see 13 Ga. L. Rev. 1014 (1979).
For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 99 (1992).
For note on the 2001 amendment of this Code section, see 18 Ga. St. U.L. Rev. 177 (2001).
For comment on Travelers Indem. Co. v. Williams, 119 Ga. App. 414 , 167 S.E.2d 174 (1969), see 21 Mercer L. Rev. 341 (1969).
For comment on State Farm Mut. Auto. Ins. Co. v. Board of Regents of Univ. Sys., 226 Ga. 310 , 174 S.E.2d 920 (1970), see 22 Mercer L. Rev. 621 (1971).