Will Uninsured Motorist Coverage Pay for Your Georgia Trucking Accident?

When you purchase an auto insurance policy in Georgia, state law requires the insurer to offer “uninsured motorist” (UM) coverage. This type of coverage can be critical in the event of a car or truck accident. Basically, if the driver who causes your accident lacks sufficient insurance to pay for your injuries, which is often the case in Georgia, your UM coverage would step in and fill the gap.

In general, your UM coverage is equal to the amount of bodily liability coverage provided in your policy. For example, if you purchased only the minimum insurance required by Georgia law, that would provide $25,000 in bodily injury coverage per person (or $50,000 per accident), and the same amount of UM coverage. But if you elected to purchase, say, $100,000 in bodily injury coverage, then your UM coverage would normally be for the same amount.

Georgia Appeals Court: Insurance Summary Not Sufficient Proof of UM Rejection

While your insurer is required to offer UM coverage with your auto insurance policy, technically Georgia law does not require you to accept it. You can reject UM coverage. There is no specific form that must be used, but the rejection must be “in writing” and must be done by “any insured named in the policy.” Absent such a written rejection, the insurance company must include UM coverage.

A recent decision from the Georgia Court of Appeals, Williams v. Reddick, illustrates how this written rejection requirement can play a critical role in a personal injury lawsuit. This case involved a collision between a tractor trailer and another motor vehicle. The driver of the tractor trailer and his spouse, the plaintiffs, subsequently sued the other driver (the defendant), alleging his negligence caused the accident.

The tractor trailer itself belonged to the plaintiff’s employer at the time. He separately filed and settled a workers’ compensation claim with his employer. The plaintiffs also signed a limited release with the defendant’s auto insurance company, which released the defendant and the insurer “except to the extent other insurance is available” to cover the accident.

Here, the plaintiffs maintained that “other insurance” existed in the form of the employer’s auto policy, which included UM coverage. The defendant, however, argued no such coverage was available because the plaintiff’s employer waived such coverage. While the trial court accepted that argument and dismissed the plaintiffs’ lawsuit at summary judgment, the Court of Appeals held that was premature.

The appellate court explained the only evidence presented by the defendant in support of his claim was a “summary” of the employer’s auto insurance benefits, which did not mention any UM coverage. The Court said that was “insufficient.” Georgia law requires proof of a written rejection of UM coverage. The insurance company cannot deny coverage exists simply by neglecting to list it in a summary of benefits. For that reason, the Court of Appeals directed the trial court to determine if, in fact, the employer had made a proper written rejection of UM coverage.

Contact an Atlanta Trucking Accident Lawyer Today

Any crash involving a tractor trailer can lead to catastrophic, and often deadly, injuries for the people involved. These victims and their families have the right to seek compensation under Georgia law. If you are in this position and need legal representation from a qualified Atlanta tractor trailer collisions lawyer, contact Morain & Buckelew, LLC, today at (404) 448-3146 today to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=3512280220663868829