If you are injured in an auto crash caused by a negligent driver, you will need to file a claim for compensation for your lost wages, medical bills, and pain and suffering with their insurance company.
An important piece of information you will need before you can settle your claim is the amount of insurance coverage the driver has. In Georgia, it’s essential to understand what Georgia’s state limits of liability on car insurance are, as they set the minimum coverage drivers must carry to legally operate a vehicle.
Under OCGA 33-3-28, insurance companies in Georgia are required to provide policyholders with proof of insurance coverage upon request. This provision can be instrumental in obtaining the necessary information about the other driver’s policy limits when filing your claim. However, if the insurer is uncooperative, additional steps may be needed to uncover these limits.
Please note: Brauns Law Accident Injury Lawyers PC is licensed to practice personal injury law in the state of Georgia. If you need legal assistance from another area, please contact your state’s legal bar association.
Why It Is Important to Know the Other Driver’s Insurance Coverage
Every automobile insurance policy has a policy limit—the maximum amount the insurance company is required to pay you for your injuries. In Georgia, motorists are required to have a minimum of $25,000 in liability insurance for the injury or death of one person and $50,000 for the injury or death of more than one person in a single accident.
Motorists are also required to have $25,000 in property damage coverage. Some people realize that this minimum required insurance is not sufficient and will purchase additional coverage.
You need to know the other driver’s insurance policy limits to make important decisions in regards to your case. Here’s why knowing the policy limit is crucial:
- You should not settle your claim with the at-fault driver’s insurance company unless you know his insurance coverage. Otherwise, you could end up accepting less than you are entitled to because you think there is less insurance to pay you.
- If the driver only has the minimum required insurance of $25,000 per person, this amount may be insufficient to fully compensate you. You may decide to make a claim under your own health insurance policy to pay for your medical bills. In addition, if you purchased collision or underinsured motorist coverage, you could file a claim for your car repairs and the medical bills, lost wages, and emotional trauma damages not covered by the other driver’s policy with your own insurance company.
- If you do not have health insurance, you may decide on more conservative medical treatments if the negligent driver only has $25,000 in liability coverage to avoid having too many out-of-pocket expenses.
How to Discover the Other Driver’s Policy Limits and if they meet Georgia’s State Limits of Liability on Car Insurance
Under OCGA 33-3-28, Georgia law allows you to formally request information about the other driver’s insurance policy. You can send a written request to the at-fault driver’s insurance company asking for details about their policy limits. This law obligates insurers to provide policy details, including coverage limits, within 30 days of receiving your request.
Ensuring your request is clear, detailed, and compliant with the law can make this process smoother and provide the information you need for your claim. Fortunately, there are a number of options for discovering the driver’s insurance policy limits. Here’s what you need to do to find out this critical information:
Ask the driver
The police report will have the contact information for the negligent driver. You could call him and ask him what his policy limit is. He may voluntarily tell you—especially if you contact him soon after the accident before he contacts his insurance company and they most likely advise him not to talk to you.
Send a demand letter
You could send a letter to the insurance company demanding this information and offering to settle your case for the full policy limit if they also provide proof that the at-fault driver has no assets of his own to pay you.
If you plan to take this route, it is best to hire an experienced car accident attorney who can write your letter and include documentation to prove that you are entitled to the policy limits. In addition, you never want to settle your claim without the advice of an attorney to be certain that you receive what you are owed.
Get help from your insurance company
If you file a claim with your insurance company for your car repairs, your adjuster may be able to obtain this information for you. The negligent driver’s adjuster may be more willing to provide it to another insurance company.
Sue the negligent driver
Once your attorney files a lawsuit against the negligent driver, he can force the insurance company to disclose the policy limits by filing a formal request for this information through the lawsuit.
Georgia’s state limits of liability on car insurance play a crucial role in determining the compensation available after a car accident. Drivers in Georgia are required to carry a minimum of $25,000 for injuries to one person, $50,000 for injuries to multiple people in a single accident, and $25,000 for property damage.
These limits cap what the at-fault driver’s insurance is obligated to pay, which might not cover all your expenses if your damages exceed these amounts.
Using tools like OCGA 33-3-28, you can request detailed information about the at-fault driver’s policy. This allows you to assess the available coverage and explore options like underinsured motorist protection to ensure you pursue maximum compensation for your losses. Working with an experienced attorney can help you leverage this information to build a stronger case.
Were you hurt in a car crash caused by a negligent driver? Fill out our online form to schedule a free case evaluation to learn more about your legal options and how Brauns Law Accident Injury Lawyers, PC can help you obtain the compensation you deserve.
FAQs
What are GA auto liability limits?
In Georgia, the minimum auto liability limits required by law are $25,000 for bodily injury per person, $50,000 for bodily injury per accident involving multiple people, and $25,000 for property damage. These limits represent the maximum amount an insurance company will pay for damages under a standard liability policy.
What is considered full coverage in GA?
Full coverage in Georgia typically refers to a combination of liability insurance, collision coverage, and comprehensive coverage. Liability insurance covers damages to others, collision covers damage to your vehicle in an accident, and comprehensive covers non-collision-related damages, such as theft or natural disasters. Full coverage may also include additional options like uninsured/underinsured motorist protection or medical payments coverage.
Does an insurance company have to disclose policy limits in Georgia?
Yes, under OCGA 33-3-28, insurance companies in Georgia are required to disclose policy limits upon receiving a written request from a claimant. They must provide this information within 30 days, helping claimants understand the available coverage for their claims. This legal provision ensures transparency in the claims process.
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