Legal Question in Insurance Law in Georgia

I was involved in an automobile accident. No tickets were issued to either driver. The driver of other car was the daughter of the person on the policy. However, according to her insurance company, the daughter was on a do not drive list and restricted from the mother's policy, and they are refusing to repair my vehicle. Is this legal and how would you recommend I move forward?
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Asked on 9/12/14, 5:55 am

2 Answers from Attorneys

Ronald Arthur Lowry Ronald Arthur Lowry

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I assume you have collision coverage on your car. You can have your vehicle repaired using that coverage from your own policy. Of course, you will be out the deductible. Then your insurer will "subrogate" meaning "step into your shoes" and file suit against the tortfeasor to recover what the insurer has paid out. Georgia law allows this. When such a lawsuit is brought by the insurer, if successful and money is generated from the lawsuit, you are supposed to get your deductible back. You have to stay on top of this with the insurer, though. The insured is supposed to get the deductible paid back first, then the insurer second, from proceeds of the lawsuit. Many times the insurer "forgets" to do that.

Answered on 9/12/14, 6:17 am

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