At Owens & Mulherin, in motor vehicle collision cases, we provide written notice to the Defendant’s (other driver’s) automobile insurance carrier and to our client’s automobile insurance carrier. Our clients often question why we provided written notice to their insurance carrier. Their concern is that their insurance rates will go up if they use their insurance. Georgia statute, O.C.G.A. § 33-9-40, is titled “Insurer not to surcharge premium or rate charged or cancel policy as a result of insured’s involvement in multivehicle accident when insured not at fault”. The statute states that:
No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement in a multivehicle accident when such person was not at fault in such accident.
Your insurance policy can include underinsured or uninsured motorist coverage. This means that if the Defendant’s (other driver) liability insurance is less than the value of your claim, you can collect the Defendant’s policy limits and then make a claim against your insurance policy for your uninsured (if the Defendant other driver had no liability coverage) or underinsured (if the value of your claim is worth more than the Defendant’s liability limits) motorist coverage. Your insurance company is not allowed to count this collision against you, when you use your underinsured or uninsured motorist coverage, because that coverage applies when the accident is not your fault. Of course, if they were able to do so, then no one would want to buy underinsured or uninsured motorist coverage, i.e., why pay for something you will never use!
Your insurance policy may also include med pay, which is health insurance for anyone occupying your vehicle at the time of the collision. You can also have underinsured or uninsured property damage coverage, which provides property damage coverage for your vehicle when the other driver is either not insured or has insufficient liability property damage limits. Your collision coverage would also cover your vehicle under the same circumstances.
Your insurance policy has a cooperation clause, which requires you to notify your insurance company, usually within thirty days or as soon as possible, in writing, to put them on notice of a motor vehicle collision. Your insurance then opens a claim number. This is just a way for them to keep up with that claim and does not mean that you are using your insurance. However, if you fail to provide written notice to them (which can just be an email under most policies), you may lose your insurance coverage for that accident. In other words, you must notify your own insurance company every time you are in a wreck, even if you never use the insurance, because you might lose coverage for that wreck if you fail to do so.
Because of Georgia’s statute, you do want to use your insurance policy when you need it for medical bills (med pay), property damage (underinsured or uninsured property damage or collision coverage), or when the Defendant has inadequate liability coverage for your personal injury claim (underinsured or uninsured motorist personal injury).
We hope the above is helpful, for purposes of knowing what insurance you want to buy and what insurance you want to use when you are involved in a motor vehicle collision. Please contact us whenever we may be of further assistance.
Mr. Owens devotes his practice exclusively to representing plaintiffs in personal injury and wrongful death claims. His primary focus is automobile/tractor-trailer accidents, dog bites, slip/trip and falls, medical malpractice, injuries from dangerous products, job injuries and nursing home abuse. Before joining forces with Mr. Mulherin to open Owens & Mulherin in 2001, Mr. Owens worked…
Mr. Mulherin represents individuals in personal injury cases. His primary practice areas are automobile accidents, tractor-trailer collisions, medical malpractice claims and workplace injuries. Before forming Owens & Mulherin with Mr. Owens in 2001, Mr. Mulherin practiced at Bouhan, Williams & Levy, LLP, from 1984 - 2000, representing both plaintiffs and defendants in personal injury cases.…
