Legal Question in Insurance Law in Georgia

My roomate drove my car with me in it and got into an accident. I gave him complete permission to drive because it was raining and I don't like to drive in the rain. My insurance company denied my claim, but I spoke to a lawyer in ATL and he said in the state of GA as long as a person (no matter living with you or not) gets direct permission to drive, then it should be covered no doubt. I escalated to a Department Head at the Inusrance Company and told him this... he said that if I can email him supporting documentation of this then he will approve it. Please help... suggestions... links?


Asked on 4/14/12, 5:58 pm

1 Answer from Attorneys
Ronald Arthur Lowry Ronald Arthur Lowry

"Insurance follows the car." Georgia Casualty and Surety v. Waters, 146 GA App 149, 246 SE 2d 202 (1978). This decision of the Georgia Court of Appeals stands for the proposition that you can voluntarily loan you car to another and as long as he/she was driving with your permission there is liability insurance coverage under the policy to cover any damage caused by his/her negligence. This is such a bedrock principle of Georgia insurance law, I am amazed that any insurance company employee would not know that. Maybe you should consider switching insurers after this is over.

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Answered on 4/16/12, 1:09 pm


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