Why You Need to Promptly Notify Your Insurance Company After a Georgia Auto Accident
If you drive a car in Georgia, then you know that state law requires you to carry a minimum amount of auto insurance. Specifically, you must carry liability coverage in the event you cause an accident that results in personal injury or property damage to another. Your insurer must also offer uninsured/underinsured motorist (UIM) coverage with your policy. This provides compensation to you, or another covered member of your household, in the event of an accident caused by another driver who lacks sufficient insurance to cover the resulting damages.
Georgia Court Rejects 21-Month Delay in Filing UIM Claim
It is important to remember that insurance policies are contracts. As such, you need to understand and strictly abide by the terms of your auto insurance policy. Any failure to do so on your part can, and often will, result in a denial of coverage.
One common requirement of Georgia auto insurance policies is the insured’s duty to “promptly notify” the insurer of how, when, and where an accident occurred. While you do not, and generally should not, answer more specific questions from your insurance company about your accident without first talking to a qualified Atlanta personal injury lawyer, you still need to comply with your policy’s prompt notification requirement.
A June 2025 decision from the Georgia Court of Appeals, Patterson v. United Service Automobile, illustrates what can happen when you do not comply. This personal injury case arose from a May 2019 car accident in Forsyth, Georgia. The plaintiff was crossing the street on foot when the defendant’s vehicle struck and seriously injured him.
The plaintiff subsequently settled his personal injury claim with the driver’s insurance company for the policy limit. The plaintiff then notified his own insurance company of the accident in order to seek additional UIM coverage. The insurance company denied the claim, however, because the plaintiff waited nearly 21 months to inform them of the accident.
The plaintiff subsequently sued the insurance company. But both the trial court, and ultimately the Court of Appeals, held that the plaintiff did not “promptly notify” the insurer of his accident as required by his UIM policy. The plaintiff argued his 21-month delay was simply because he did not realize that his policy covered a pedestrian accident. The Court of Appeals said such ignorance was not an excuse, noting that it was the policyholder’s “obligation to read and examine his insurance policy to determine the nature of the coverage.”
Contact an Atlanta Personal Injury Lawyer Today
It is true that insurance policies are complex documents that are often difficult for laypersons to comprehend. And in fact, many people do not realize that their auto insurance may cover them if they are hit by a car while traveling on foot. That is why it is essential to consult with a qualified Atlanta car accident attorney in such scenarios in order to ensure you do not forfeit your right to compensation for your injuries. Contact The Forsythe Law Firm, LLC, today at 404-476-2717 to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=10495597822288173804
