Ga. Court of Appeals Allows for “Direct Action” Against Insurance Company Over 2014 Semi-Truck Accident

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As a general rule, you cannot directly sue an insurance company for a personal injury caused by someone they insure. In other words, if you are in a car accident caused by a negligent driver, you cannot name that driver’s insurance company as a defendant. Such “direct action” is not permitted under Georgia law.

Daily Underwriters of America v. Williams

But there are exceptions. Georgia law includes two separate provisions that permit direct action against insurance companies that insure motor carriers, i.e. semi-trucks. In a recent decision, Daily Underwriters of America v. Williams, the Georgia Court of Appeals explained how these two provisions can be applied in practice.

This case is based on a July 2014 accident involving a tractor-trailer and a passenger car. The driver and passenger in the car (the plaintiffs) subsequently filed a personal injury lawsuit against the driver of the semi-truck, who also owned the vehicle through a limited liability company. The plaintiffs also named as a co-defendant the insurer of the semi-truck.

The plaintiffs alleged their direct action against the insurance company was authorized under the Georgia Motor Carrier Act (GMCA). The GMCA requires all motor carriers to file an insurance certificate with the state. The Act further states any person who has a personal injury claim against a motor carrier may “join” the insurer–i.e., name it as a co-defendant–in any civil lawsuit.

The insurance company, however, pointed out that the GMCA does not apply to “to purely interstate commerce nor to carriers exclusively engaged in interstate commerce.” That is to say, the GMCA only permits direct action against an insurance company where the semi-truck is engaged “exclusively in interstate commerce,” as opposed to transportation within the state of Georgia.

The plaintiffs argued that at the time the accident occurred, the semi-truck driver had just completed a delivery to Monroe, Georgia, and was returning to his home in Bainbridge, Georgia. That qualified his trip as “intrastate” commerce subject to the GMCA. The Court of Appeals disagreed. It noted the driver was actually completing a delivery from Charlotte, North Carolina, to Monroe. This was clearly an “interstate” trip; the fact the driver planned to return home after making the delivery “does not convert the purpose of the travel into an intrastate trip.”

So the Court of Appeals said the plaintiffs could not rely on the direct action provision of the GMCA. That said, there was a second statute the plaintiffs could use to sue the insurance company directly. This second statute contains language implementing a federal law, the Unified Carrier Registration Act, and provides that a person can file a direct action against a motor carrier regardless of whether the truck was engaged in inter- or intrastate commerce at the time.

The insurance company argued that this second provision, adopted in 2005, was “implicitly repealed” by the GMCA, which passed in 2012. The Court of Appeals, however, said “repeal by implication is not favored” in Georgia law. And in any event, the two laws represented “distinct” parts of Georgia’s code.

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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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