Insurance Company Faces “Bad Faith” Lawsuit Over Failure to Settle Drunk Driving Accident Claim

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Auto Accident

Georgia law requires insurance companies to act in good faith when resolving auto accident claims. For example, if you are injured in an accident caused by another driver’s clear negligence, the other driver’s insurance company is expected to make a good-faith effort to negotiate a settlement, especially when your damages meets or exceeds the limits of the actual policy. Conversely, if the insurer acts in bad faith, you can file a lawsuit and seek additional damages.

Kemper v. Equity Insurance Company

For example, a federal appeals court recently revived a bad-faith lawsuit brought against an insurance company by the victim of a motorcycle accident. The plaintiff in this case, Kemper v. Equity Insurance Company, was driving her bike down a road in Coweta County, Georgia. Another driver, who it turned out was intoxicated, crossed the centerline of the road and crashed into the plaintiff, causing her serious injuries.

The drunk driver’s insurance company asked the plaintiff for documentation related to her injuries before deciding whether or not to make her a settlement offer. The plaintiff hired an attorney, who helped her draft a response. The plaintiff ultimately sent the insurance company a letter, in which she offered to sign a “limited release” in exchange for the insurer paying the $25,000 limit of the drunk driver’s policy. The plaintiff’s letter further stated she did not want the insurer to contact her or her friends directly.

The insurance company replied by sending a $25,000 check, but with the condition that the plaintiff place the money in escrow to cover any potential hospital liens filed against her. The plaintiff’s attorney advised her to reject this conditional counter-offer. She took that advice and proceeded to sue the drunk driver directly in Georgia state court. Eventually, the plaintiff and the drunk driver agreed to a $10 million consent judgment.

The plaintiff then filed a separate lawsuit against the insurance company, alleging it acted in bad faith and demanding it pay the $10 million consent judgment. A federal judge, however, dismissed the plaintiff’s lawsuit on the insurance company’s motion for summary judgment. The plaintiff then appealed that ruling to the U.S. 11th Circuit Court of Appeals in Atlanta.

In an August 28 decision, the 11th Circuit reversed the trial judge’s order and returned the case for trial. The Court noted this case turned on the application of a 2012 ruling from the Georgia Court of Appeals, Southern General Insurance Co. v. Wellstar Health Systems Inc. In Wellstar, the state court created a “safe harbor” from bad-faith lawsuits when an insurance company’s “sole reason” for failing to settle was a plaintiff’s “unreasonable refusal to assure the satisfaction of any outstanding hospital liens.”

The problem here, the 11th Circuit explained, was that there were still “too many disputed issues” regarding the exact reasons the parties could not reach a settlement. For example, the insurance company knew that the plaintiff was a state government employee, which meant she likely had adequate health insurance and thus “no reasonable basis to fear liens or claims from her medical providers.” Additionally, while the insurance company claimed the plaintiff’s “no contact” demand made it impossible for it to ascertain the potential existence of any hospital liens, the appellate court pointed out the insurer’s own claims director “could not identify how” additional contact with the plaintiff would have made any difference.

In short, the 11th Circuit said there was enough uncertainty surrounding the facts of this case to warrant sending it to a jury.

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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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