How Can an Umbrella Policy Protect Me Following a Car Accident?

Free Case Review
100% Secure & Confidential

Results

$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Many Georgia residents take out “umbrella” policies to provide extra insurance protection in the event of an accident. An umbrella policy provides liability coverage above and beyond standard homeowners or automobile insurance. For example, let’s say your auto insurance policy provides $25,000 in coverage for bodily injury. You get into an accident and the other driver sues you for damages. The court awards the driver $100,000, which obviously exceeds your policy limit. At this point, if you have an umbrella policy, which typically provides coverage in the millions of dollars, it would cover the rest of the judgment.

Massey v. Allstate Insurance Company

You can also purchase an umbrella policy for uninsured motorist coverage. This refers to insurance that pays for injuries that you sustain in an accident caused by another driver who either has no insurance or lacks sufficient coverage to pay for your total damages. Georgia law requires all insurers to offer uninsured motorist coverage of at least $25,000 for bodily injury to a single person (or $50,000 for multiple people injured in the same accident). The customer has the option of rejecting UM coverage, but it must be offered.

If your insurer seeks to cancel coverage, it must strictly follow certain procedures spelled out in Georgia law. This also applies to umbrella policies. In fact, the Georgia Court of Appeals recently addressed this issue.

This case involved a woman who was seriously injured in a 2012 car accident. She sued the other driver for negligence and settled for the limits of his auto insurance policy. Because the victim’s damages exceeded that limit, she then sought coverage under her own UM policy. She then sought additional UM coverage under her umbrella policy.

The insurer claimed it had canceled the UM portion of the victim’s umbrella policy approximately two years earlier by sending a notice to her mailing address. The victim said she never received such notice, and in any event, Georgia law says a non-renewal notice must either be delivered in person or sent by first-class mail with return receipt. By law these requirements “must be exactly followed,” or the insurer’s cancellation is not valid.

Before the Court of Appeals, the insurer tried to argue the notice requirements did not apply to umbrella policies like the one at issue, only “primary” auto insurance coverage. The relevant Georgia statute states that it applies to policies that provide “uninsured motorists’ protection coverage or any combination of coverages.” The Court of Appeals said this “plain language” clearly included the victim’s umbrella policy. There was nothing to indicate that Georgia legislators “intended to limit” the statute’s application to primary but not umbrella policies, and the Court said it saw “no reason why such a distinction should be read into the statute.”

Since the notice requirement applied to the insurer, the Court then addressed the insurer’s non-compliance. As noted above, if an insurer mails a notice of non-renewal, it must include a return receipt from the Post Office. The insurer could produce no such receipt, and in fact argued it would impose an “unreasonable” burden to require it to produce such a receipt.

But the Court of Appeals reiterated that the law is “clear and must be strictly followed.” As a result, the Court said the umbrella policy was never properly canceled and remained in effect at the time of the victim’s accident. The insurer is therefore for any excess liability.

Learn More In Our Recent Blog Posts

Georgia Sees String of Recent Dog Attacks

Georgia has seen a worrying string of dog attacks in recent weeks. Some of these dog attacks have left seniors ...
Learn More

Deadly Motorcycle Accident Reported in Cobb County

In June of 2025, Fox 5 Atlanta reported a fatal motorcycle accident in Cobb County. The crash was so severe ...
Learn More

Hit-and-Run Driver Found in Cobb County After Two Crashes in Ten Minutes

When police track down hit-and-run drivers, most people celebrate this as a victory. However, these negligent drivers are often caught ...
Learn More

USPS Says 6,000 Workers Were Savagely Mauled by Vicious Dogs in 2024

Although dangerous dogs in Cobb County threaten virtually everyone, postal workers are particularly at risk. This was highlighted after the ...
Learn More

Multiple Cars Crash Into Georgia Homes and Buildings

Within the space of a single week in June of 2025, multiple cars crashed into homes and buildings in Georgia. ...
Learn More

Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
Free Case Review
100% Secure & Confidential
Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

Call (770) 758-1664
Available 24/7

Free Case Review

"*" indicates required fields