Can I use my own UM coverage if I was hit as a pedestrian in Georgia?
A person struck by a car while walking can often turn to their own auto uninsured motorist coverage, even though they were not in a vehicle. Georgia UM coverage for a named insured and resident relatives generally follows the person, so a pedestrian hit by an uninsured or underinsured driver may recover under their own policy under O.C.G.A. § 33-7-11.
Coverage that travels with the insured ¶
UM protection for named insureds and resident relatives is not confined to moments behind the wheel. Because the coverage attaches to the person rather than only to a specific car, it can respond when the insured is injured by an at-fault motor vehicle while on foot. The same is generally true for a bicyclist struck by a car. What matters is that an uninsured or underinsured motor vehicle caused the injury and that the claimant qualifies as an insured under the policy.
This is why a pedestrian who owns an auto policy may have a UM claim even though no car of theirs was involved in the collision. The coverage they paid for as a driver also guards them as a pedestrian.
When it applies ¶
A pedestrian UM claim generally requires the same core elements as any UM claim:
- An at-fault driver who was uninsured, underinsured, or an unidentified hit-and-run driver.
- The claimant’s status as a named insured or resident relative under the policy.
- Damages caused by that at-fault driver, recoverable up to the UM limits.
If the striking driver fled and was never identified, the claim falls under the hit-and-run rules, which require either physical contact, readily met when a car strikes a pedestrian, or independent corroboration.
Coordinating with other coverage ¶
A pedestrian may have more than one source of UM coverage. Their own policy follows them, and they might also qualify as a resident relative under a household member’s policy. Where multiple policies apply, “other insurance” clauses and any anti-stacking language determine how they coordinate, and the total recovery is limited by actual damages.
The bottom line ¶
Yes, a person hit by a car while walking in Georgia can generally use their own UM coverage, because UM protection for named insureds and resident relatives follows the person rather than the vehicle. As long as an uninsured, underinsured, or unidentified driver caused the injury and the claimant is an insured, the policy can respond up to its limits under O.C.G.A. § 33-7-11.
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.