Does Workers’ Compensation “Offset” a Georgia Uninsured Motorist Carrier’s Liability for a Car Accident?

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Uninsured motorist (UM) coverage provides valuable protections for Georgia residents who are injured in a car accident caused by a driver who either failed to purchase insurance–in violation of the law–or lacks sufficient coverage to fully compensate the victims for their losses. All Georgia insurers are required to offer UM coverage and must adhere to certain restrictions contained in state law. Even if a customer agrees to the terms of a UM policy that conflicts with state law, that does not override the law, nor does it permit an insurer to escape liability.

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Consider this recent decision by the Georgia Court of Appeals. This case involves a UM policy held by the the defendant, who was injured in a two-car accident with another driver. The defendant said the other driver caused the accident and filed a personal injury lawsuit against him in Georgia state court. Because the defendant had reason to believe the driver was “underinsured,” he also served his UM carrier, the plaintiff in the present case.

Ultimately, the other driver paid the defendant the limits of his auto insurance policy, which was just $25,000. This was not enough to cover the defendant’s losses. Consequently, he sought coverage from his UM carrier. The insurer balked, however, citing the fact the defendant received just under $200,000 from his employer’s workers’ compensation insurer because the car accident occurred in the course of the defendant’s employment. In effect, the insurer maintained the workers’ compensation payments reduced its liability for the accident to zero.

The courts disagreed. The Court of Appeals, affirming a trial judge’s earlier ruling, said that while Georgia’s UM law does permit an insurer to “offset” its coverage by the amount of any workers’ compensation payments received by the insured, that did not completely eliminate the plaintiff’s liability here. This is because the defendant’s workers’ compensation only covered his medical expenses and lost wages. This is just a small part of the total damages a car accident victim may suffer. Indeed, the Court of Appeals noted that workers’ compensation does not provide for all lost wages or “damages for past and future pain and suffering and future medical expenses resulting from the accident.”

Despite this, the insurer also cited language in the UM policy itself that purports to create a “limit of liability” based on the defendant’s receipt of compensation from other sources like workers’ compensation. The Court of Appeals also rejected this argument. While the “plain language” of the policy does contain such limits, “such a provision is not authorized by the UM statute,” and is therefore unenforceable as a matter of law. As the Court put it bluntly, an insurance policy cannot override state law.

Accordingly, the Court of Appeals said the insurer was potentially liable to the defendant up to the combined limits of his UM policies–he had four in total–which is $100,000.

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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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