Key facts
- A general release of the at-fault driver forfeits UM benefits (Rodgers v. St. Paul Fire & Marine Ins. Co., 228 Ga. App. 499 (1997)).
- Preserving a UM claim requires settling for full policy limits and signing a compliant limited release (Thompson v. Allstate Ins. Co., 285 Ga. 24 (2009)).
- The limited release must release the settling carrier and release the driver personally, except where other insurance covers the claim (O.C.G.A. § 33-24-41.1(b)).
- Georgia auto policies must include UM coverage of at least $25,000 per person and $50,000 per accident unless rejected in writing (O.C.G.A. § 33-7-11).
Who We Help
Flack Injury Law represents people in Georgia who were hurt in a crash someone else caused, including car, truck, rideshare, delivery vehicle, medical transport van, motorcycle, bicycle and pedestrian crashes, and families after a fatal crash.
We do not defend people who are being sued, and we do not handle property-damage-only, slip and fall or workplace claims. If no one was hurt and your dispute is with your own insurance company over damage to your car, that is not the kind of case we handle. If you were hurt and have an offer or release in front of you, get a free release review before you sign.
What Is the Difference Between a General Release and a Limited Release in Georgia?
A general release ends every claim connected to your accident, including the claim against your own underinsured motorist coverage. A limited release under O.C.G.A. § 33-24-41.1 lets you accept the at-fault driver’s policy limits while keeping your UM claim alive.
For anyone seriously hurt by a driver carrying minimum insurance, that distinction is the whole case. If you are still working out what a release is in the first place, start with our overview of releases in Georgia personal injury settlements.
Why This Matters More in Georgia Than Most People Realize
Georgia requires insurers to offer uninsured and underinsured motorist coverage, and unless a driver rejected it in writing, the policy carries it. Minimum UM limits are $25,000 per person and $50,000 per accident, or an amount matching the policy’s bodily injury liability limits if those are higher. We cover how this coverage works in more detail in our guide to uninsured motorist coverage in Georgia.
Now consider the math on a real crash. The at-fault driver carries a $25,000 liability policy. You have a fractured wrist, surgery, eight weeks off work, and $70,000 in medical bills. The liability carrier offers its full $25,000 within a month, which sounds like a win until you understand that $25,000 is all that policy will ever produce. Working out what your claim is actually worth is a separate exercise, and we walk through it in determining the value of your personal injury case in Georgia.
Your own UM coverage is where the remaining $45,000 has to come from. Whether you can reach it depends entirely on what the release you sign says.
What a General Release Does
Does a general release end my UM claim too?
Yes. Georgia courts have held that when you sign a general release of the at-fault driver, the UM carrier is released as a matter of law.
The reasoning is that UM coverage is derivative. Your UM carrier only owes you money to the extent the at-fault driver is legally liable to you. Release the driver from all liability and there is no longer any liability for the UM carrier to stand behind. The Court of Appeals reached exactly this result in Rodgers v. St. Paul Fire & Marine Insurance Co., 228 Ga. App. 499 (1997), where an injured person lost access to underinsured motorist benefits because she signed a general release instead of a limited one.
This is the trap. The release arrives from the liability adjuster, it is one or two pages, it looks routine, and it quietly closes the door on the larger source of money. If an adjuster is already calling you, our guide to handling calls from insurance adjusters covers what to expect before the paperwork arrives.
What a Limited Release Does
In 1992 the Georgia legislature created a fix. O.C.G.A. § 33-24-41.1 established the limited release: a settlement structure that lets you take the liability carrier’s policy limits without giving up your UM claim.
The statute applies where a claim arising out of a motor vehicle accident is covered by two or more insurance carriers. One carrier may tender its policy limits, you may accept them, and you may execute a limited release applicable to that carrier and its insured.
Before the statute existed, injured people generally had to sue the at-fault driver and obtain a judgment before their own UM carrier would pay. The limited release replaced that with a workable process.
The statute also protects your right to use it. Under subsection (c), no uninsured or underinsured motorist policy issued in this state may prohibit a claimant from settling with the liability carrier, or require the UM carrier’s permission to do so. Your own insurance company does not get a veto.
Side by Side
| General release | Limited release | |
|---|---|---|
| Governing law | Ordinary contract law | O.C.G.A. § 33-24-41.1 |
| When it applies | Any claim | Motor vehicle claims covered by two or more carriers |
| Settles the liability claim | Yes | Yes |
| Preserves your UM claim | No | Yes, if statutory requirements are met |
| Typical use | Single-coverage cases, full-value settlements | At-fault driver’s limits are less than your damages |
| Who usually drafts it | The liability adjuster | Should be reviewed line by line before signing |
The Two Conditions You Have to Meet
What does Georgia require to preserve a UM claim?
Two things, and both are mandatory. You must settle for the limits stated in the at-fault driver’s policy, and you must execute a limited release that complies with O.C.G.A. § 33-24-41.1.
The Georgia Supreme Court stated this in Thompson v. Allstate Insurance Co., 285 Ga. 24 (2009), and the Court of Appeals reaffirmed it in Newstrom v. Auto-Owners Insurance Co., 343 Ga. App. 576 (2017). Settling for less than policy limits does not satisfy the first condition. A release missing the statutory language does not satisfy the second.
Subsection (b) sets out what a compliant limited release has to do. It must release the settling carrier from all liability for any claims based on your injuries. And it must release the at-fault driver from personal liability for claims arising from the accident, except to the extent other insurance coverage is available that covers those claims.
That exception clause in the second requirement is the hinge. It is what leaves your UM claim standing while everything else closes.
The 2025 Case Every Georgia Driver Should Know About
In Barker v. Muschett, No. A25A0583, decided June 2, 2025, Katherine Barker did most of it right. She settled for the at-fault driver’s full $25,000 limits. She signed a release stating she released the driver from all bodily injury claims except to the extent other insurance coverage was available.
That carve-out language tracks the second statutory requirement almost exactly. It looks like it preserves the UM claim. It did not.
The release contained no language releasing the settling insurance carrier, which the first requirement demands. Barker argued the release should be interpreted under ordinary contract principles instead. The Court of Appeals rejected that, holding the statute provides a single exclusive procedure that supersedes any common law alternative. Her UM claim was gone, and the trial court’s summary judgment against her was affirmed.
The lesson is that Georgia demands strict compliance. Language that captures the spirit of a limited release is not enough. Getting one of two required elements right is not enough. The specific required language has to be in the document.
One More Limit Worth Knowing
O.C.G.A. § 33-24-41.1 applies to claims arising out of motor vehicle accidents. It exists because Georgia requires auto insurers to offer UM coverage, and no equivalent requirement applies to other kinds of liability insurance.
Adjusters in slip and fall, premises liability, and other non-vehicle cases sometimes send out documents labeled as limited releases under this statute. Georgia practitioners have flagged this as a growing problem, because a statute invoked outside its express scope may not do what either side assumes. Liens can also shrink what you take home, so read how hospital liens work in Georgia.
What to Do if a Release Just Showed Up
Should I sign a release the adjuster sent me?
Not before someone confirms whether UM coverage exists and whether the document is statutorily compliant. Once it is signed and the check is deposited, unwinding it is difficult.
Three questions to answer first:
Do you have UM coverage? Check your own declarations page, and check any policy where you are a resident relative or a covered passenger. More coverage exists in more places than most people expect, which is why understanding your uninsured motorist coverage matters before you negotiate anything.
Is the offer the actual policy limits? Ask for confirmation in writing. Settling for anything less fails the first statutory condition.
Does the release contain the language the statute requires? This is where Barker was lost, over language that was simply not in the document.
Timing matters here too. Georgia’s statute of limitations does not pause while you negotiate, and our guide to time limits for filing a personal injury case in Georgia explains the deadlines that keep running in the background.
Once you have signed, the next question is what happens to the money. See what happens after you sign a release in a Georgia injury settlement.
Frequently Asked Questions
No. O.C.G.A. § 33-24-41.1(c) prohibits any uninsured or underinsured motorist policy issued in Georgia from barring a claimant from settling with the liability carrier or requiring the UM carrier’s permission to do so.
Georgia courts treat releases as binding contracts. Reformation may be possible where both sides genuinely intended a limited release and the form was drafted wrong, but that is litigation, not a phone call. Prevention is far cheaper.
The release discharges the driver’s personal liability, but only to the extent other insurance is available to cover the claim. That preserved portion is what allows the UM claim to proceed.
Reviewing a release before signing takes far less time than trying to undo one afterward.
¿Prefiere leer en español? Lea nuestra guía sobre firmar el release de la aseguranza en Georgia.
Talk to Jonathan Directly
At Flack Injury Law, you speak with Jonathan Flack, who stays personally involved in your case from start to finish. If an insurance company has sent you a release and you are not certain what it gives up, call before you sign. We handle car accident claims across Atlanta and throughout Georgia.
Call (678) 653-0309 or request a free consultation.
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Related Guides
- Atlanta Personal Injury Attorney
- Atlanta Car Accident Attorney
- What Happens After You Sign a Release in a Georgia Injury Settlement
- Can a Hospital Put a Lien on My Personal Injury Settlement in Georgia?
- Do Medicare and Medicaid Get Paid From My Georgia Injury Settlement?
See all our guides for people hurt in Georgia crashes.
