Under Georgia law, an automobile insurance policy must provide coverage for damages sustained in an accident with an uninsured motor vehicle. The amount of uninsured motorist (UM) coverage must be at least $25,000 for injury or death to one person ($50,000 to two or more persons) or equal to the…
Is it okay for a used car salesman to lie to a customer about the condition of a vehicle? Yes, according to a recent decision by the Georgia Court of Appeals. On July 9th a three-judge panel unanimously upheld a lower court’s decision to dismiss a lawsuit against a car…
Insurance policies, such as those insuring commercial properties, usually contain a subrogation clause. In this context, subrogation means that when the insured suffers losses as the result of a third party’s conduct, the insurance company assumes the right to sue that third party for damages. Having paid the insured person’s…
What constitutes a binding settlement in a personal injury matter? The Georgia Court of Appeals recently addressed this question in a case arising from a 2010 motor vehicle accident. The parties disagreed as to whether their settlement talks produced an enforceable agreement. The accident in question seriously injured one man,…
Although personal injury is generally regulated by state law, federal courts often hear such cases because of what’s known as diversity jurisdiction. That is to say, when the plaintiff and defendant are citizens of different states, the defendant may seek to transfer–or remove–the case from state to federal court. Diversity…
In 2005 the Georgia legislature adopted a controversial tort reform law that included an “offer of settlement” provision. Under this rule, either party in a tort action can make a pretrial settlement offer. If the other party rejects they offer, they can be held liable for the offering party’s attorney…
Under Georgia law, an automobile insurance policy may exclude certain individuals from coverage. For example, if you purchase insurance coverage for your vehicle, you may want to exclude your child from coverage if he has a poor driving record; such an exclusion can improve your own insurance rate. The courts…
In a personal injury or medical malpractice case, it’s crucial that trial judges only admit relevant evidence from credible witnesses. It’s especially important that witnesses testify as to their personal knowledge of events rather than relate information they heard from other people. This is known as “hearsay,” and while it’s…
Is a used car dealer responsible for selling a van with defective tires? A divided Georgia Court of Appeals recently weighed in on this question, declaring that dealers are not negligent when they fail to perform a basic inspection that would show a vehicle they sold had the wrong make…
Following an automobile accident, it’s common for injured parties to seek compensation, either from the person who caused the accident or their insurance company. It’s usually in an insurance company’s interest to settle accident claims without litigation. But a settlement is predicated on both sides coming to a mutual agreement.…