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Insurance claims and settlement offers

Last updated . Sources checked

Contents
  1. Organizing a claim
  2. Settlement offers have legal terms
  3. An unresolved claim and a filing deadline
  4. Related entries
  5. References

A crash insurance claim asks an insurer to address a covered loss. It is different from a lawsuit asking a court to resolve liability and damages. Georgia's insurance regulator distinguishes liability coverage for losses to others from physical-damage coverage for the policyholder's vehicle, so the first question is which coverage is involved.[1]

Organizing a claim

Separate the bodily-injury claim from vehicle damage, and identify the policy under which payment is requested. Liability coverage and the owner's collision coverage do different work. The regulator notes that an owner may claim under physical-damage coverage even when someone else may have caused the collision; that does not establish the other driver's liability.[1]

See: Flanagan Law car accident practice

Settlement offers have legal terms

Georgia amended its motor vehicle settlement-offer statute in 2024 through SB 83. For offers within the statute, the text addresses written terms, acceptance and payment, including who is released and which claims are released. It also has scope and exception provisions. A downloaded demand form is not a substitute for determining which version and requirements govern the offer.[2]

An unresolved claim and a filing deadline

Negotiating a claim should not be treated as completing the act required by a limitation statute. Georgia's general injury statute speaks of bringing an action within the applicable period. UM litigation also has carrier-service rules. A claimant should therefore distinguish discussions with an adjuster from the steps needed to preserve an action.[3][4]

References

  1. ab Auto insurance: Georgia coverage requirements. Georgia Office of Commissioner of Insurance and Safety Fire. https://oci.georgia.gov/insurance-resources/auto. official. Checked . Source record
  2. ^ 2024 SB 83: motor vehicle settlement offers. Office of the Governor of Georgia. https://gov.georgia.gov/document/2024-signed-legislation/sb-83/download. official. Checked . Source record
  3. ^ O.C.G.A. 9-3-33: personal-injury limitation period. Justia. https://law.justia.com/codes/georgia/title-9/chapter-3/article-2/section-9-3-33/. independent. Checked . Source record
  4. ^ O.C.G.A. 33-7-11: uninsured motorist coverage. Justia. https://law.justia.com/codes/georgia/title-33/chapter-7/section-33-7-11/. independent. Checked . Source record