How Car Accident Claims Work When You’re Injured by a Driver with Your Same Insurer in Georgia

Key Points:

• Potential challenges of sharing the same insurance company with another Georgia driver: Sharing the same insurer as the at-fault driver can create conflicts of interest; the shared insurer may attempt to minimize payouts on both claims to protect its bottom line.
• Reporting your Atlanta or Georgia car accident when you share insurance: Even though you share the same insurance company, it’s still just as important to separately report your accident and provide as much evidence as possible to support your claim.  
• Additional legal action may be required: If you feel your insurance company is undervaluing your claim, denying your claim, or acting in bad faith, you may need to sue to receive the damages owed.

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Dealing with your insurance company after a car accident in the Atlanta area can be complicated, but it can become more complex if you and the at-fault driver share the same insurance provider. It’s common for Georgia residents, especially near Atlanta, to share the same insurance provider, such as Allstate, GEICO, State Farm, or Progressive. But, when both drivers in the accident have the same provider, it can lead to a conflict of interest and concerns about fairness.

While some aspects may be easier, such as claim communication and the internal reporting processes, your insurance company is responsible for paying for both parties, and they may have a financial incentive to limit payouts. Even though you’ll both receive a separate adjuster, they still work for the same company, which could lead to delays, disputes over fault, or low settlement offers. In this legal resource, we’ll outline some of the potential challenges you could face when sharing an insurance company in Georgia or Atlanta, tips on ensuring a fair claims process, and provide the proper steps to take if disputes arise.

What If Both Drivers Have the Same Insurance?

Reporting an Accident When You Have the Same Insurance as the Other Driver

You should always contact your insurance company to immediately report your car accident, even if it's the same insurance company as the other party in the accident. When speaking with your insurance company, it’s important to provide all relevant details about the accident. To strengthen your case, you should gather as much documentation as possible, including photos of the accident scene and vehicle damage, witness statements, police reports, and medical bills.

What if I Share the Same Insurance Agent as the At-Fault Driver?

Sharing the same insurance agent as the at-fault driver should not affect the adjusters or the claims process. The insurance agent handles more policy-related services and explains coverage, while the adjuster determines fault or negotiates settlements. The adjusters work separately from the agent, and the agent has no say in the outcome of the claim.

Your assigned adjuster will look at the details of the accident and the evidence gathered, and then make recommendations on the fault and compensation. If you have concerns about the fairness of the process, you should document all communications and consult with a personal injury attorney to protect your interests and compensation.

Will Sharing the Same Insurance Company Speed Up or Slow the Claims Process?

You might assume that sharing the same insurance company would naturally speed up the claims process, but this can vary depending on the case. Your insurance company is legally obligated to assign separate claims adjusters to each claim, and even though they work under the same company, they must conduct independent investigations. If the fault determinations are disputed or you and the at-fault driver have severe injuries or extensive damage to your vehicles, the claims process can go even longer.

During the claims process, you should always look out for signs that the insurer is trying to minimize payouts or settle the claim too quickly. Since the insurer will be responsible for covering claims on both sides, internal conflicts might result in undervalued settlements or unfair denials.

Who Determines Fault?

How is Fault Determined if Both Drivers Share the Same Insurer?

Even if you and the at-fault driver in the car accident share the same auto insurance carrier, fault will be determined through the same standard claims investigation process. In Georgia, insurers are legally bound to be fair and objective, even if both or all drivers in a collision are insured by the same insurance company. The insurance company must assign separate adjusters for each driver or party, who are expected to act independently. If you disagree with the fault determination, you can provide additional evidence or request a formal review.

While the insurer is always legally required to handle both claims fairly, there is a risk that they may attempt to minimize payouts to protect their bottom line. A personal injury attorney, like those at The Millar Law Firm, can also assist if you feel a fair resolution is not being reached or the insurer is acting in bad faith.

How Should I Handle a Dispute if I Have the Same Insurance Carrier as the At-Fault Driver?

When you and the at-fault driver in the accident share the same insurance carrier, disputes can sometimes arise. Typically, this is due to a feeling that your claim is being undervalued or if it seems that the insurer is favoring the other driver. In this scenario, documentation is key. You should save all communications with the insurance company and always provide them with additional evidence as needed.

You can also escalate this issue internally at your insurance company by contacting a claims supervisor or filing an official complaint with the insurer. If this issue is not resolved, you should hire a personal injury attorney to help present additional evidence, challenge the insurer’s findings, or prove some of the bad-faith tactics.

What Happens if I Need to Sue My Insurance Company?

You may need to take legal action against your insurance company if they deny your claim unfairly, offer you insufficient compensation, or are acting in bad faith and delaying your payments. Although your own insurer manages the claim, you are actually suing the at-fault driver’s policy. 

The legal process would start with filing a lawsuit against the at-fault driver. The insurance company will then defend the claim and cover any additional damages. This is when having a personal injury attorney is crucial, as they can help navigate this process and help fight for maximum compensation.

Could Suing My Insurer Lead to Higher Rates?

Suing your insurance company shouldn't lead to any retaliation. Under Georgia law, an insurance company is legally prohibited from any raising your rates for pursing a claim for an accident that was not your fault or just for exercising your rights. Still, some policyholders might worry that filing a lawsuit could result in higher premiums, claim denials, or a non-renewal of their policy. While this is uncommon, if you believe your insurer will or may be about to retaliate, you should contact a personal injury attorney to ensure any retaliation is addressed.

Reimbursements and Policy Limits: Your Legal Rights

How Does Subrogation Work if Both Parties Have the Same Insurer?

If you share insurance with the at-fault driver, the subrogation process will work a bit differently compared to those involving separate insurers. Subrogation usually occurs when the insurance company pays for your damages upfront and then seeks reimbursement from the at-fault party’s insurer. But, since you share the same insurance, this becomes more of an internal process within the same company.

The insurer will shift the responsibility and payment internally, applying the at-fault driver’s policy to cover your damages. While this seemingly simplifies things, issues can sometimes arise if the insurer tries to minimize payouts or delay reimbursements to protect their interests. If you believe this could be the case, you should escalate the issue with the company or consult a personal injury attorney.

Is There a Maximum Payout Limit if Both Drivers File Claims Under the Same Insurance?

The maximum payout limit will not change just because both drivers share the same insurance company; it’s determined by the at-fault driver’s policy limits. Insurance policies usually have liability limits for bodily injury and property damage, but you can still recover additional compensation through other means. This could include filing a claim under your own underinsured motorist (UIM) coverage or seeking legal options to recover additional compensation from the at-fault driver’s personal assets.

Call The Millar Law Firm Today to Help with Your Atlanta Car Accident Claim

Sharing an insurance company with the at-fault driver doesn’t mean you should accept an unfair settlement. With over 30 years of experience in personal injury law in Atlanta, Georgia, The Millar Law Firm takes a personalized approach to each case, providing you with 1:1 support and an entire legal team. Our team thoroughly investigates your claim, gathers strong evidence, and works with expert witnesses when needed to prove negligence.  Contact us today for a free consultation, and let us help you navigate your car accident claim.