Law extends car insurance to cover at-fault driver's shortfall


The Atlanta Journal-Constitution
Published on: 05/27/08

Ever been hit by another driver whose insurance policy didn't cover all your expenses? Your options were few: Pay the shortfall yourself, or sue.

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A little-noticed provision in an auto insurance bill signed recently by Gov. Sonny Perdue will change that, starting Jan. 1. But it could cost you extra.

The so-called "stacking provision" in SB 276 will allow you to piggy-back your uninsured/underinsured motorists protection onto another motorist's policy. That way, if you're hit in an accident and the at-fault driver has no insurance or not enough insurance to cover damages and expenses, your policy would make up the difference to the extent of your policy's limits.

After the the new law takes effect, you'll have three options when you renew your auto insurance:

  • Get the stacked coverage;
  • Leave coverage to the limits of the at-fault motorist's policy;
  • Decline having uninsured/underinsured motorists coverage at all.

If you already have uninsured/underinsured coverage when your policy comes up for renewal, you'll automatically be signed up for the stacked option unless you opt out of it.

It is unclear whether insurance companies will charge more. Some might add the coverage at no additional cost to stay competitive, then take time to study its impact, said David Colmans, executive director of the Georgia Insurance Information Service.

The GIIS and another industry group, the America Insurance Association, are beginning a months-long campaign to educate consumers about the new law.

Raymond G. Farmer, assistant vice president of the AIA, said the change underscores why consumers need to pay attention to notices they receive from their insurers, as well as do periodic reviews of their coverage.

That's particularly true for coverage motorists must have in Georgia, he said.

Under Georgia law, the bare minimum for liability insurance is three-pronged: $25,000 to cover the medical expenses of someone you injure in a motor vehicle accident; $50,000 to cover the medical expenses of the other party if it includes two or more people; and $25,000 to pay for damages to someone else's property.

The bare minimums often aren't enough, Farmer said. He advises taking enough insurance to cover all your assets — retirement accounts, equity in your house, personal property, savings — to lessen the risk of losing them if you are sued after an accident.

"You need to understand what insurance pays for," Farmer said. It takes "no time at all" to run through your limits in an accident, and you could be left short, he said.

What's more, the Georgia Department of Insurance estimates about 15 percent of motorists in the Peach State are driving without insurance.

"You want to think of the worst-case scenario," said John W. Oxendine, state insurance commissioner. "How much money do I need to take care of fixing my car? You need to ask yourself, 'How much do I need to protect my assets?' and buy that amount of coverage."

— Staff writer Russell Grantham contributed to this article.

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