FRONTIER ADJUSTERS AND AUDITORS
OF ATLANTA / ROSWELL
BRIEF SUMMARY OF GEORGIA LAW AFFECTING INSURANCE CLAIM HANDLING
This is only a guide.
Accuracy is NOT guaranteed.
Consult your attorney for specific legal advice.
If you want honest legal advice, find an honest lawyer!
ADJUSTER LICENSE/EDUCATION
License Required for Independents / TPA's.
15 Hours CEU required per year.
Specific CEU rules apply to Georgia Resident Staff Adjusters.
AUTOMOBILE
Minimum Limits: 25/50/25
UM/UIM can be rejected.
Blood/Alcohol of .08 is considered intoxicated.
No-Fault Statute repealed in 1991.
Diminution in Value MUST BE PAID under Personal Auto Policy where applicable.
Family Purpose Doctrine recognized.
Separate Bad Faith right of action permitted against insurer, so make certain a Release includes the insurance carrier.
Driving Age is 16, except 15 for "Learner's Permit."
Failure to wear seat belt is not admissible as to comparative negligence in BI suits.
DAMAGES
Georgia generally recognizes "joint and several" liability.
Mental Suffering disallowed absent physical injury.
Georgia has a Wrongful Death Statute, so consult with counsel on any death case.
Punitive Damages are limited, but due to pending litigation, consult with counsel.
JUDICIAL SYSTEM
The County Superior Court is the basic trial court. Some counties have a State Court, which generally hears civil actions including BI. The Magistrate Court is Georgia's "small claims" court (under $15,000 PD). There are also various Justices of the Peace and Municipal Courts that can but generally do not hear civil matters.
NEGLIGENCE
Modified Comparative Negligence Statute ("Less Than/Greater Than").
Spousal Immunity applies.
Animals must be shown to be vicious and that the owner knew of the propensity of the animal to do harm ("One Bite Rule") in order to sustain a cause of action.
POLICE REPORTS
The Georgia State Patrol (they are called "State Troopers") responds to most accidents on rural roads. Some of the larger counties have a County Police that will work accidents. County Sheriffs may or may not work accidents. Most (not all) municipalities have their own City Police. Determining the responding authority can be difficult and generally they maintains their own reports. Beginning in 2003, police reports will not contain any insurance information.
PROPERTY INSURANCE
Georgia requires all fire policies to contain language at least as favorable to insured as the "1943 New York Standard Fire Policy (165 lines)."
One or Two Year Policy Suit Clauses are enforceable even without notice.
Requirement to file Proof of Loss upheld absent affirmative waiver of same.
Valued Policy Statute applies to one or two family dwellings that are destroyed by fire and that are owned by natural persons; but does not apply to partial losses, Builders Risk or Blanket Policies or cases where existence of multiple policies is concealed.
Bad Faith under a first party property policy is limited by statute to 50% of the covered loss plus attorney's fees.
SPEED LIMITS
(generally found on rural roads, unless otherwise posted)
Interstates: 70MPH (40 MPH minimum).
Four Lane Divided Highways: 65 mph.
Otherwise: 55mph.
Most residential subdivisions: 25 mph.
Municipal and/or local speed limits vary.
STATUTES OF LIMITATIONS
1 Year: Injuries to Reputation including Libel and Slander
2 Years: Bodily Injury including Assault and Battery, Medical Malpractice, Personal Injuries or Wrongful Death
4 Years: Loss of Consortium, Oral Contracts or Property Damage
6 Years: Written Contracts Not under Seal
8 Years: Construction Defects after substantial completion
10 Years: Product Liability from date of first sale.
20 Years: Written Contracts under Seal
WORKERS COMPENSATION
Georgia is an "exclusive remedy" state.
Georgia permits subrogation against tort-feasor, which can create a lien against any BI settlement.
