What Happens When a Georgia Insurance Company Rejects an Accident Settlement in “Bad Faith”?

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$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
Work Place Injury
$1.5 Million
Trucking Accident
$1.2 Million
Auto Accident
$1.2 Million
Auto Accident
$1 Million
Premises Liability
$750K
Auto Accident

Auto insurance is designed to pay for damages caused by an accident. In many cases an insurer will negotiate a settlement with the injured party. While the insurer is not obligated to pay claims it determines are unsubstantiated, the insurer cannot simply refuse to pay without consequence. Under Georgia law, an insurer can be held liable for “bad faith or negligent refusal to settle a personal claim within the policy limits.”

What does this mean in practice? Say you have a policy that covers $100,000 for bodily injury claims per accident. You are subsequently involved in an accident and are determined to be at fault. The other driver offers to release any potential personal injury claim against you in exchange for the limit of your policy, i.e. $100,000. The insurer refuses to settle. The other driver sues you in court and the jury returns a verdict of $500,000. You could then turn around and sue the insurer for the $400,000 excess you had to pay as a result of its bad faith refusal to settle.

Whiteside v. GEICO Indemnity Company

Of course, an insurer may be able to avoid a bad faith claim if it can show the accident or personal injury judgment is not covered by the policy. For instance, if the insured person fails to follow certain notification requirements in the policy itself, that may be sufficient grounds to deny coverage.

Consider this recent decision by a federal judge in Columbus, Georgia. This particular case has a long and complicated history. In 2012 a woman driving a car hit a bicyclist. The woman was not the owner of the vehicle, but she was covered by the insurance policy.

The insurer initially informed the driver that it was “responsible for the accident.” The bicyclist, acting through a personal injury lawyer, sent a demand letter to the insurer seeking the limit of the policy, which was $30,000 for bodily injury. The insurer declined to settle, believing the bicyclist’s claim was only worth about $12,000.

The bicyclist then sued the driver. The driver, assuming the insurance company was taking care of things, effectively ignored the lawsuit. She did not inform the insurer about the lawsuit or apparently make any effort to defend the case. A Georgia state court ultimately entered a default judgment in excess of $2.9 million.

The bicyclist then filed an involuntary bankruptcy petition as a creditor of the driver. The bankruptcy trustee then brought a bad faith claim against the insurer. This case remains pending before a federal judge, who in a December 12 decision denied both sides’ motions for summary judgment.

In essence, the judge said a jury will have to decide whether the insurer “acted reasonably” in rejecting the bicyclist’s initial demand for the policy limit. The jury must also determine if the insurer is off the hook for a bad faith claim because of the driver’s failure to inform it of the bicyclist’s lawsuit. The judge noted these are separate issues. In other words, the insurer may be liable for rejecting the settlement demand but not necessarily the full amount of the $2.9 million judgment.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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