Georgia Legal Guide: How You Can Stack Insurance After A Car Accident To Maximize Your Recovery 

Insurance companies can modify stacking rules through contract provisions, but they cannot violate Georgia’s public policy or statutory requirements. If a policy attempts to eliminate coverage that Georgia law requires, those provisions may be deemed void and unenforceable. 

When both policies contain “excess only” clauses that conflict with each other, Georgia courts typically rule that these provisions cancel each other out. Instead of stacking, each insurance company pays a proportional share based on its respective policy limits. This was affirmed in State Farm Fire & Casualty Co. v. Holton (1974). 

This depends on how the insurance company structures its policies. Mutual insurance companies often issue separate policies for each family vehicle and include anti-stacking language. In contrast, stock companies typically issue one policy covering multiple vehicles but limit total coverage per accident. 

No. Georgia applies different rules depending on the type of coverage. While liability coverage typically follows the vehicle, uninsured and underinsured motorist coverage follows a different rule where the insurer that received premiums from the injured party pays first, regardless of which vehicle was involved. 

Under Georgia law (O.C.G.A. § 33-36-14), if a primary insurer becomes insolvent, any available solvent insurance coverage automatically becomes primary. The Georgia Insurers Insolvency Pool may provide backup coverage, but only after other solvent coverage is exhausted. 

Sometimes yes, sometimes no. If you have multiple vehicles and each vehicle has its own policy, stacking may be possible.  However, some insurance companies issue one policy covering multiple vehicles and such policies typically contain anti-stacking language stating that liability limits are per accident, not per vehicle, as seen in Smith v. Allstate Insurance Company (2004). When you are involved in an accident it is usually a good idea to have an expert in this area of the law, such as a personal injury lawyer, review your accident for all potential sources of insurance and stacking. 

You should identify and notify all potential insurance companies as soon as possible after an accident. While Georgia’s statute of limitations gives you two years to file a lawsuit, many insurance policies require prompt notice of claims, and delays can jeopardize your coverage. 

If an insurance company wrongfully denies secondary or excess coverage required under Georgia law, it may be liable for bad faith. If this occurs, you should contact an attorney immediately. Insurance companies are not permitted to disregard their obligations to provide excess coverage when their policy is properly stacked under Georgia law.