Can You Sue the At-Fault Driver’s Insurance Company After a Car Accident?
Can I ever sue an insurance company directly in Georgia?
In most ‘regular’ car accident cases, no. However, there are exceptions such as accidents involving commercial motor carriers under O.C.G.A. § 40-1-112(c) or insurance bad-faith cases – which may lead to a lawsuit against the insurance company later on.
What happens if the at-fault driver has no money to pay a judgment?
If you obtain a judgment against the at-fault driver and they cannot pay, you can then pursue their insurance company directly. The insurance company will typically pay up to their policy limits to satisfy the judgment.
Do I have to wait until trial to receive payment from the other driver’s insurance?
Many cases and claims are resolved through settlement negotiations before trial. Insurance companies may prefer to settle rather than risk a larger judgment from a jury. Even though the claim is made against the at-fault driver personally, their insurance company will pay the claim or judgment on their behalf.
How long do I have to file a lawsuit after a car accident in Georgia?
Georgia’s statute of limitations for personal injury claims is generally two years from the date of the accident. Missing this deadline usually means losing your right to pursue legal action.
What if the at-fault driver leaves the state after the accident?
Will the insurance company provide a lawyer for the person who hit me?
Yes. Typically, the at-fault driver’s insurance company will hire and pay for an attorney to defend the insured under the terms of the policy. This is part of the company’s contractual duty to defend its policyholder.
