Albany Automobile Liability Attorneys, FAQs – Negligence, Wrongful Death, Intentional Misconduct

In order to drive on Georgia roads, must a driver have automobile insurance?

Georgia drivers must have automobile liability insurance for at least the minimum limits required by law to drive on the Georgia public roads and highways. The minimum limits of liability coverage required under Georgia law are: bodily injury liability of $25,000.00 per person, $50,000.00 per occurrence, and property damage liability of $25,000.00 per occurrence.

What is the difference between liability insurance and physical damage insurance?

Liability insurance is insurance that pays damages to others, on behalf of an insured, for injury to or damaged property of others, up to the policy limit, which an insured may have caused by his negligence or may protect him against claims made against him by someone who alleges he was at fault.

Physical damage insurance, on the other hand, is insurance used to pay for loss or damage to your own vehicle. Physical damage insurance consists of two types. The first type pays for theft, vandalism and fire type losses and is referred to as either comprehensive or other than collision coverage. The second type is collision coverage. Physical damage coverage is not required by Georgia state law, but is usually required by any lender that may have a security interest in your automobile.

What is an uninsured motorist?

The Georgia Uninsured Motorist Act does not specifically define "uninsured motorists". Rather, the statute refers to "the owner or operator of an uninsured motor vehicle". An uninsured motor vehicle is defined to include six general categories of motor vehicles:

Motor vehicles as to which there is no bodily injury liability insurance and property damage liability insurance;

Under-insured motor vehicles;

Motor vehicles as to which there is bodily injury and property damage liability insurance in existence, but the insurance company writing the insurance has legally denied coverage under its policy;

Motor vehicles as to which there is bodily injury and property damage liability insurance in existence, but the insurance company writing the insurance is insolvent;

Motor vehicles as to which there is no bond or security deposited in lew of bodily injury and property damage liability insurance;

Motor vehicles as to which the owner or operator is unknown.

What is the purpose of uninsured motorists insurance?

While Georgia requires all drivers to have "liability insurance" to drive, unfortunately, there are those that either do not obey the law or may have unknowingly allowed their insurance to cancel. The purpose of uninsured motorist or UM coverage is to place the injured person in the same position as if the offending uninsured motorist were covered with general liability insurance. The Georgia Uninsured Motorist Statute "is designed to protect the insured as to his actual loss, within the limits of the policy or policies which he is a beneficiary." Uninsured motorists insurance protects you when the other "uninsured" driver causes an accident which damages your vehicle or injures you or your passengers. This coverage is for protection of the policy holder's loss or damages suffered in that accident.

Who is an "insured" under UM Coverage?

O.C.G.A. § 33-7-11(b)(1)(B) provides the definition of an insured under UM coverage. A review of this section provides that there are six (6) persons who could be included as an insured under a UM policy:

The named insured while in a motor vehicle or otherwise;

The resident spouse of the named insured while in a motor vehicle or otherwise;

The resident relatives of either the named insured or the spouse of the named insured while in a motor vehicle or otherwise;

Any person who uses, with the express or implied consent of the named insured, the motor vehicle to which the policy applies;

A guest in such motor vehicle which the policy applies; and

Personal representatives of any of the above.

If I'm involved in a motor vehicle collision, where can I be sued?

The general rule in Georgia as to venue is that all civil actions should be filed and tried in a county where the Defendant resides. All additional rules of venue are exceptions or modifications of this general rule. Joint or joint in several tortfeasors, obligors or promissors, or joint contractors or partners, residing in different counties, may be subject to an action as such and assume action in any county in which one or more of the Defendants reside. If all Defendants who reside in the county in which the action is pending or discharged from liability prior to the commencement of trial, a non-resident Defendant may require that the case be transferred to a county or Court in which venue would otherwise be proper. In that instance, if venue would be proper in more than one county, the Plaintiff may elect from among the counties in which venue is proper.

Regarding corporations, O.C.G.A. § 14-2-510 provides that venue is always proper in the county of the corporations' registered office. Additionally, in actions for damages allegedly suffered due to torts, venue is proper in the county where the cause of action originated, as long as a corporation has an office or transacts business in that county. Venue is also proper in actions against corporate Defendants who allege to be joint tortfeasors in counties in which venue is proper as to any Co-Defendant. A Defendant must raise the issue of improper venue by filing a Motion or Responsive Pleading pursuant to O.C.G.A. § 9-11-12. Failure to file such Motion could result in a waiver of the defense.