Uninsured/Underinsured Motorist Complaint - Georgia

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Before filing: Name the known at-fault owner or operator, or use “John Doe” only if the owner or operator is unknown. Arrange service on the UM carrier under O.C.G.A. § 33-7-11(d), in addition to service on any known defendant. Use the unknown-driver allegations only when supported by the facts.

Caption

IN THE [STATE/SUPERIOR] COURT OF [COUNTY NAME] COUNTY
STATE OF GEORGIA

COMPLAINT FOR DAMAGES; UNINSURED/UNDERINSURED MOTORIST CARRIER TO BE SERVED

Plaintiff alleges:

Parties, Jurisdiction, and Venue

1. Plaintiff [FULL NAME] resides in [COUNTY, STATE].

2. Defendant [DRIVER NAME] drove the vehicle that struck Plaintiff on [DATE]. Defendant [OWNER NAME] owned that vehicle and is included because [FACTUAL BASIS FOR OWNER'S LIABILITY]. [Delete the owner allegation if it does not apply.]

3. [For an unknown driver only: The owner or operator of the vehicle that caused the collision is unknown and is sued as “John Doe” under O.C.G.A. § 33-7-11(d).]

4. The collision occurred in [COUNTY] County, Georgia. This Court has jurisdiction over this civil action because [JURISDICTIONAL BASIS]. Venue is proper in this county because [FACTS SUPPORTING VENUE FOR THE NAMED DEFENDANT; FOR JOHN DOE, IDENTIFY THE ACCIDENT COUNTY OR PLAINTIFF'S RESIDENCE COUNTY UNDER § 33-7-11(d)].

Collision and Negligence

5. On [DATE] at approximately [TIME], Plaintiff was [DESCRIBE WHETHER DRIVER, PASSENGER, PEDESTRIAN, OR CYCLIST] at [LOCATION].

6. Defendant [DRIVER NAME / JOHN DOE] drove [DESCRIPTION OF VEHICLE] and [DESCRIBE ACTS OR OMISSIONS THAT CAUSED THE COLLISION].

7. Defendant failed to use ordinary care by [SPECIFIC FACTS: SPEED, LOOKOUT, LANE MOVEMENT, FAILURE TO YIELD, OR OTHER SUPPORTED CONDUCT].

8. That conduct caused the collision and Plaintiff's injuries. Plaintiff [DESCRIBE ANY RELEVANT CONDUCT OR STATE THAT PLAINTIFF DID NOT CAUSE THE COLLISION, IF SUPPORTED].

Injuries and Losses

9. Plaintiff suffered [DESCRIBE INJURIES] and incurred or expects to incur [DESCRIBE MEDICAL EXPENSES, LOST EARNINGS, PROPERTY LOSS, OR OTHER SUPPORTED ECONOMIC LOSSES].

10. Plaintiff has experienced [DESCRIBE PHYSICAL PAIN AND OTHER SUPPORTED NONECONOMIC LOSSES]. These losses were caused by the collision.

Uninsured/Underinsured Motorist Coverage and Service

11. At the time of the collision, Plaintiff was an insured under automobile policy [NUMBER] issued by [UM CARRIER], which provided applicable uninsured motorist coverage. The coverage facts are [IDENTIFY POLICY, LIMITS, AND ANY OTHER APPLICABLE COVERAGE].

12. The vehicle driven by Defendant qualifies for uninsured motorist coverage because [STATE FACTS: NO LIABILITY COVERAGE; AVAILABLE LIABILITY COVERAGE AND DAMAGES; DENIED LIABILITY COVERAGE; INSOLVENCY; OR UNKNOWN OWNER/OPERATOR]. [For a known driver, state the facts supporting service on the carrier under § 33-7-11(d).]

13. [For an unknown owner or operator: The unknown vehicle made physical contact with [PLAINTIFF OR PLAINTIFF'S PROPERTY], or the occurrence is corroborated by [EYEWITNESS OTHER THAN PLAINTIFF]. The accident was reported on [DATE] to [AGENCY] as required for an unknown-owner or unknown-operator claim. Delete any alternative that is not supported.]

14. Plaintiff will serve [UM CARRIER] with a copy of this action and all pleadings as prescribed by O.C.G.A. § 33-7-11(d). The carrier is served in its statutory capacity and is not named as a defendant in this tort complaint.

Prayer for Relief

Plaintiff requests judgment against Defendant[s] for:

1. Compensatory damages proved at trial, subject to the evidence and applicable law;
2. Costs of this action; and
3. Other relief the Court finds proper.

Plaintiff demands a jury trial on all issues triable by jury.

Respectfully submitted,

[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Georgia Bar No. [BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

Filing and Coverage Notes

• Serve each known named defendant by the applicable civil process. For carrier service under § 33-7-11(d), obtain the clerk's duplicate original for the sheriff or marshal's separate return. The statute permits the carrier to plead in its own name or the driver’s name.
• A § 33-7-11(j) bad faith penalty and attorney's fees require a covered loss, a demand, a refusal to pay within 60 days, and a finding of bad faith. They belong in a separate action against the carrier after judgment against the uninsured motorist in this tort action. The subsection states a penalty of not more than 25% of the recovery or $25,000, whichever is greater; it does not authorize a bad faith count in this complaint.
• The available UM amount depends on the policy election, applicable liability coverage, and actual loss. Confirm those facts before seeking payment from the carrier.

Sources and References

• Public-domain O.C.G.A. Title 33, release 86 (November 2022 baseline), § 33-7-11
• Georgia Legislative Counsel 2023 enacted-section summary
• Georgia Legislative Counsel 2024 enacted-section summary
• Georgia Legislative Counsel 2025 enacted-section summary
• Georgia Legislative Counsel 2026 enacted-section summary