Legal Question in Insurance Law in Georgia

Auto Accident - Insurance Company Refuses to Pay 100%

I was in an automobile accident with an individual who was given the citation at the scene of the accident for failure to yield the right of way. She gave her statement to her insurance company (which conflicts with the police report) and therefore her insurance company honored her statement and has agreed to only pay 65% of the claim. I did not receive a citation and she was strictly at fault per the police report. Should I go to small claims court and file the Statement of Claim against her only or should I also file the Statement of Claim against the insurance company. All I want to do is get my car fixed.


Asked on 8/15/01, 10:48 am

1 Answer from Attorneys
Lori Jolly COMMANDER + POUND, LLP

Re: Auto Accident - Insurance Company Refuses to Pay 100%

You might want to try making a demand for payment in writing to the insurance company for your damages. Give them a reasonable amount of time to pay. Request that any offer of settlement be made in writing with a detailed desription of how they arrived at the amount.

Otherwise, if you want to have a go at magistrate court, you file your claim against the driver and serve the driver. The driver should then notify her insurer that she has been served and the insurer will provide her defense. You can send a "courtesy copy" of the complaint to the adjuster you are dealing with, but service will have to be made on the driver. Good Luck.

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Answered on 8/15/01, 2:21 pm


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