Ga. Court of Appeals: 13-Month Delay in Reporting Accident to Insurance Company Was “Unreasonable”

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Auto Accident

If you are injured in an auto accident, you naturally assume that your insurance policy will help cover your damages. As with any contract, you need to carefully review and understand the terms of your policy. You may need to comply with a number of conditions before the insurer is legally obligated to provide you with coverage. Your failure to comply can–and will–be strictly held against you by the courts.

Geico General Insurance Company v. Breffle

A recent decision from the Georgia Court of Appeals, Geico General Insurance Company v. Breffle, provides a cautionary example. This case involves an insured driver (the plaintiff) who was injured in an April 2016 auto accident with another vehicle. The plaintiff sought medical treatment for his injuries a few days after the accident. In December 2016, about eight months after the accident, the plaintiff underwent a surgical procedure as part of his treatment. Later, in March 2017, the plaintiff’s doctors advised him that he would need a second surgery.

The other driver was insured for $250,000. The plaintiff said that once he was told he would need the second surgery, he realized that the total value of his accident-related injuries might exceed this limit. The plaintiff therefore notified his own insurance company, GEICO, about the accident in July 2017, as a pretext for seeking underinsured motorist benefits.

GEICO balked at providing coverage, noting that the plaintiff waited nearly 13 months to notify it of the accident. GEICO pointed to the language of the plaintiff’s auto insurance policy, which stated, “As soon as possible after an accident notice must be given to us or our authorized agent stating” the basic facts related to said accident. From GEICO’s perspective, 13 months was not “[a]s soon as possible,” and therefore it did not have to provide any coverage.

Although a trial court found this was an issue for trial, the Court of Appeals said GEICO was entitled to outright summary judgment. The appeals court said the language of the insurance policy was clear and “unambiguous.” Although the phrase “as soon as possible” gives an insured person “some leeway in providing notice” to GEICO, it does not excuse a “lengthy, unjustifiable delay.” And a 13-month delay was certainly “unreasonable.”

As described above, the plaintiff sought medical treatment almost immediately after the accident. He then underwent one surgery and prepared for a second surgery before thinking to even contact GEICO. The Court of Appeals did not credit the plaintiff’s explanation for this, i.e., that he only realized 13 months later that his total damages would exceed the other driver’s policy limits, thereby triggering the need to file a claim with his own insurer. There was simply no excuse, the court said, for not informing GEICO any sooner.

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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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