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Georgia Automobile Insurance Coverages

July 11, 2017 By Na Law

In Georgia, automobile insurance coverage is required for those who own a motor vehicle.  Below are explanations about the various different coverage in an automobile insurance policy.

CONTENT

Liability coverage
Uninsured or under-insured motorist coverage
Medical payments coverage
Collision coverage
Comprehensive coverage

LIABILITY COVERAGE

This coverage accounts for the majority amount of your monthly payment or insurance premium.  This coverage exists to compensate the other driver(s) and the vehicle(s) they were driving for bodily injuries and property damage.  The purpose of this coverage is to protect you from being personally responsible for paying their injuries and property damage.  Under O.C.G.A. § 33-34-3, the minimum amount of liability coverage must be

  • $25,000 for bodily injury or death to one person in any motor vehicle crash.
  • $50,000 for bodily injury or death to two or more persons in any motor vehicle crash.
  • $25,000 for damage or destruction of property.

Technically, the minimum liability coverage does not protect you from the injured parties seeking amounts over your coverage limit so you may be responsible for amounts beyond the coverage limit if there is a judgment against you.

UNINSURED OR UNDER-INSURED MOTORIST COVERAGE (UM)

Unlike liability coverage, this coverage is designed to protect you if your injuries are beyond what the automobile insurance that covers the at-fault vehicle is less than your damages.  There are two different types of UM coverage that are available to you.

  1. Traditional or Reducing UM.
  2. Add-on or Excess UM.

Traditional UM coverage amount is reduced by subtracting the liability coverage amount of the at-fault vehicle.  In contrast, Add-on UM coverage amount stacks on top of the liability coverage amount of the at-fault vehicle.

Total coverage amount with traditional UM.
$25,000 liability + $100,000 traditional UM = $125,000 available coverage.  But $100,000 traditional UM is reduced by $25,000 liability so only $75,000 traditional UM is truly available.  New calculation is $25,000 liability + $75,000 traditional UM = $100,000 final available coverage.

Total coverage amount with add-on UM.
$25,000 liability + $100,000 add-on UM = $125,000 final available coverage.  This is because add-on UM stacks on top of any liability coverage that is available.

MEDICAL PAYMENTS COVERAGE

This endorsement is also commonly known as "Med Pay."  Regardless of fault, this section covers an insured person for medical and funeral expenses up to the Med Pay limit amount.  Generally, this section contains language that states the insurer will pay reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by an accident or sustained by the insured person.  Often, policies limit the time to make a  Med Pay claim within three years from the date of injury as prescribed under O.C.G.A. § 33-34-2(1).

WHO IS COVERED?
Generally, persons named as an insured, resident spouse, any resident relative, and any other person legally occupying a covered motor vehicle.

WHAT ARE COVERED?
The covered motor vehicle must be an automobile.  An automobile is typically recognized as a self-propelled vehicle that is primarily designed for use on highways and streets with the capacity to carry passengers or loads.  See Horne v. Government Emp. Ins. Co., 132 Ga. App. 207, 207 S.E.2d 636 (1974).  Some insurance companies extend Med Pay coverage to newly purchased automobiles, a temporary substitute automobile, or a non-owned automobile.  See Lewis v. State Farm Mut. Auto. Ins. Co., 247 Ga. App. 518, 544 S.E.2d 212 (2001).

Events that are covered under Med Pay are sometimes more broad than UM endorsements.  Under O.C.G.A. § 33-7-9, Med Pay coverage is can be read to cover loss from any hazard or cause or expense arising from ownership, maintenance, or use of such vehicle.  Generally, the covered or insured person being injured while occupying the insured vehicle is enough to be eligible for Med Pay.

HOW LONG DOES IT TAKE TO RECEIVE MED PAY?
Under O.C.G.A. § 33-4-6, payments must be made within 60 days after a demand.

COLLISION COVERAGE

Generally, this section covers the insured vehicle against damage such as impact with another vehicle or property.  Most collision coverage endorsements gives the insurer the option to pay for the damage in money, repair the damaged vehicle, or replace it with other similar kind and quality property.  Whichever option is chosen, the fair market value of your damaged vehicle plus the deductible amount must equal the fair market value of your vehicle before it was damaged.  See Tuten v. First of Ga. Ins. Co., 117 Ga. App. 409, 160 S.E.2d 903 (1968).

Limitation of an insurer's selection of vehicle repair shop under O.C.G.A. § 33-34-6.  This Georgia law prevents the insurer from forcing the claimant to repair the damaged vehicle to use a certain repair shop if the repairs can be done at the same cost somewhere else.

Exclusion of collision coverage.

  1. Unlicensed driver: If the vehicle is damaged while it was driven by a known driver without a license then the insurer may denied coverage as stated by the Georgia Court of Appeals in Southeastern Sec. Inc. Co. v. Empire Banking Co., 230 Ga. App. 755, 498 S.E.2d 282 (1998).
  2. Racing contest: policies that exclude collision coverage for vehicles damaged in an organized racing; speed or demolition contest; stunt activities; or practice for any such contest or activity has been upheld as a valid exclusionary section by the Georgia Court of Appeals in Progressive American Ins. Co. v. Horde, 259 Ga. App. 769, 577 S.E.2d 835 (2003).

COMPREHENSIVE

Generally, this policy endorsement covers an insured vehicle from damage or loss by fire, lightning, falling objects, theft, larceny, explosion, earthquake, windstorm, hail, water, flood, vandalism, malicious mischief, riot, civil commotion, or colliding with an animal.  However, it excludes damage or loss because of wear and tear, freezing, mechanical failure, or electrical failure.

Filed Under: Insurance Law

Bodily Injury Claim Value

June 30, 2017 By Na Law

There are many factors and variables that go into calculating the value of your injury claim.  The two categories for valuing bodily injury claims are based on (1) Economic damages A/K/A Special Damages and (2) Non-economic damages A/K/A General Damages.

  1. Economic damages are monetary expenses that directly arise because of your bodily injuries.  Among other examples, these would include
    • Past and future medical expenses; and
    • Past and future wage loss.
  2. Non-economic damages are monetary compensation for both physical and mental pain and suffering.  In addition, both past and future pain and suffering would be taken into account.

Some specific factors involved in determining the value of your damages include:

  1. Whether the injury is new or an aggravation of a preexisting condition or injury;
  2. Number of different areas of your body that were injured;
  3. Type of your injury such as soft-tissue injuries or demonstrable injuries such as broken bones;
  4. Severity of your injury including whether it is permanent or temporary;
  5. Whether you are suffering from any disability, impairment, or loss of function;
  6. Whether you have been disfigured;
  7. Length of time that you endured your pain and suffering physically or mentally or both;
  8. Loss in your enjoyment or quality of life; and
  9. Degree of capacity loss to work and earn a living

Filed Under: Personal Injury Law

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