Can my UM insurer pursue the at-fault driver after paying my Georgia claim?
Yes. Once an uninsured/underinsured motorist (UM) carrier pays a claim in Georgia, it ordinarily gains the right to chase the at-fault driver for what it paid out. This right is called subrogation, and it is built into Georgia’s UM statute.
How subrogation arises ¶
When a UM carrier compensates its insured for injuries caused by an uninsured or underinsured driver, O.C.G.A. § 33-7-11 places the carrier in the legal position of the person it paid. In plain terms, the carrier “stands in the shoes” of the injured claimant to the extent of its payment. That means the at-fault driver who created the loss is not off the hook simply because the victim’s own insurer wrote a check; the responsibility can be shifted back to the wrongdoer through the carrier’s subrogation action.
This is why the structure of any earlier settlement matters so much. If the injured person fully and unconditionally released the at-fault driver before the UM carrier paid, the carrier may contend that there is nothing left for it to pursue, because the driver’s liability was already extinguished. A limited release, by contrast, is designed to leave the at-fault driver exposed to the UM carrier’s later recovery.
What the carrier can and cannot reach ¶
The UM carrier’s recovery is generally limited to the amount it actually paid, not the claimant’s entire damages. A few points commonly shape how far the right extends:
- The carrier is subrogated only up to its payment, so any recovery beyond that belongs to the claimant.
- The at-fault driver’s own assets and any remaining insurance are the typical targets.
- Georgia’s “made-whole” principle can affect the order in which the injured person and the carrier share a limited recovery, generally favoring the injured person being made whole first.
The bottom line ¶
A Georgia UM insurer that pays a claim does not simply absorb the loss; it can turn around and seek reimbursement from the driver who caused the harm under § 33-7-11. For the injured person, the practical takeaway is that how the at-fault driver was released earlier in the case directly controls whether the UM carrier’s later pursuit is preserved or cut off.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.