Personal Injury

Published on: September 19, 2007

Uninsured Motorist Coverage for Car Accidents

The state of Georgia requires all motor vehicle owners to secure minimum liability insurance coverage for their vehicles.This insurance provides for payment for damages in the event the other driver suffers a personal injury in the car accident.However, there is no requirement that motor vehicle owners secure uninsured motorist coverage to pay for their damages if the other driver is at fault and they have suffered a severe personal injury in the auto accident.See Jenkins & Miller Georgia Automobile Insurance Law (2007 ed.) 29:3.

Uninsured motorist coverage has aptly been called “insurance against lack of insurance”.See Jenkins & Miller Georgia Automobile Insurance Law (2007 ed.) 29:1.It is available and recoverable only when the fault causing the car accident is found to be that of the uninsured or underinsured vehicle’s driver.Id.It is an important form of insurance since it allows the injured person to recover their damages.

The purpose of UM coverage “is to place the injured insured in the same position as if the offending uninsured motorist were covered with general liability insurance.”Another way of explaining the purpose of UM coverage is that coverage is available to protect innocent injured drivers against irresponsible drivers who fail to secure coverage for auto accidents.The coverage is not available for the benefit of the irresponsible, but for those injured or caused to incur damages by the uninsured’s negligence.

Published on: May 10, 2007

Injury Claims FAQ

by Robert N. Katz, Esq.

Question: Do I have to use the repair facility designated by the insurance company?

Answer: No. However, if you use a repair facility other than those authorized by the insurance carrier, you may have to pay the difference in cost between the charges of your chosen repair facility and the repair facility authorized by the insurance company. See, O.C.G.A. Sec. 33-34-6.

Question: Is an insurance company allowed to pay for only “After Market Crash Parts” for the repair of my vehicle?

Published on: January 24, 2006

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by Robert N. Katz, Esq.

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