Insurance Denied Your Injury Claim in Georgia? What to Do Next

A denial from the other driver’s insurer is not the final word. It is the insurer’s position, not a court ruling. In Georgia, you can answer it with evidence, turn to your own uninsured motorist (UM) coverage if the other driver’s coverage fails (O.C.G.A. § 33-7-11), file a complaint with the state insurance office, or sue the at-fault driver within two years of the crash (O.C.G.A. § 9-3-33).

The right move depends on why the claim was denied. Start by getting the reason in writing.

Why Would the Other Driver’s Insurance Deny My Injury Claim?

Most denials and stalls fall into a few groups:

• Disputed fault. The insurer says its driver was not at fault, or that you were.
• No coverage. The policy lapsed, the driver was not insured, or the driver was excluded by name on the policy.
• Missing records. The insurer says it cannot evaluate the claim without more medical records or bills.
• Delay. The adjuster stops responding, asks for the same documents again or reassigns the file.
• Injury disputes. The insurer accepts fault but argues your injuries are minor, preexisting or unrelated.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 1, 2026.

What to Do First After a Denial

• Get the reason in writing. Ask for the denial letter and the specific basis for it.
• Ask for the policy limits. Georgia requires a liability insurer to disclose its name, each insured and the coverage limits within 60 days of a written request from the claimant, or to send the declarations pages instead. The request must state the nature of the claim under oath and go by certified mail or statutory overnight delivery (O.C.G.A. § 33-3-28).
• Keep a log. Note every call, and confirm phone conversations by email.
• Notify your own insurer. Georgia’s insurance office advises notifying your insurer as soon as possible, even if someone else caused the crash.
• Calendar the deadline. The two-year lawsuit deadline keeps running while the insurer reviews, delays or denies.

If the Insurer Says You Were at Fault

An adjuster does not decide fault. If the case is filed, a jury does. In Georgia you can recover if you are less than 50% at fault, with your damages reduced by your share (O.C.G.A. § 51-12-33).

Answer a fault denial with evidence: the crash report, scene and damage photos, nearby camera video and witness names. Ask the adjuster which facts the denial relies on. In lawsuits filed on or after April 21, 2025, also expect the insurer to raise seat belt use (O.C.G.A. § 40-8-76.1). Our guide for a not-at-fault car accident in Georgia covers the evidence that helps most.

If the Other Driver Had No Valid Insurance

A lapsed policy, an uninsured driver or an insurer that denies coverage does not end your options. Georgia’s UM statute treats a vehicle as uninsured when it has no bodily injury liability insurance, when its insurer has legally denied coverage, or when its insurer is insolvent and cannot pay (O.C.G.A. § 33-7-11(b)(1)(D)).

That makes your own UM coverage the next step. Georgia auto policies include UM coverage unless a named insured rejected it in writing (O.C.G.A. § 33-7-11(a)). A UM policy covering a relative you live with may also apply. Hit-and-run claims need physical contact or an eyewitness other than the claimant, plus a police report (O.C.G.A. § 33-7-11(b)(2) and (c)).

Excluded drivers are a common trap. Georgia courts have upheld named driver exclusions in some cases. In one, the court noted that UM coverage applied to the injured people’s claims (Progressive Preferred Ins. Co. v. Browner, Ga. Ct. App. 1993). If the other insurer cites an exclusion, notify your UM carrier in writing right away.

If you sue and the other vehicle may be uninsured, your UM insurer must be served with the lawsuit as though it were a named defendant (O.C.G.A. § 33-7-11(d)). See our guide to uninsured motorist coverage in Georgia.

If the Insurer Says It Needs More Records

Sometimes the request is fair. Ask in writing exactly which records are missing, send them with a cover letter listing each document, and keep proof of delivery.

A formal written demand can force a decision. Georgia’s statute for pre-answer settlement offers in motor vehicle injury claims, prepared by or with an attorney, requires at least 30 days to accept and the records in your possession needed to evaluate the claim (O.C.G.A. § 9-11-67.1). An insurer that unreasonably refuses to settle within its limits may later be liable to its own policyholder for a verdict above them (Cotton States Mut. Ins. Co. v. Brightman, Ga. 2003). These demands have strict technical requirements.

If the insurer then offers its full coverage, read our guide to a policy limits offer in Georgia before you sign anything.

Can I Sue the Insurance Company for Bad Faith in Georgia?

Usually not on an injury claim against someone else’s insurer. Georgia generally does not allow a direct lawsuit against the at-fault driver’s liability insurer unless there is an unsatisfied judgment against its policyholder, or a statute or policy provision allows it (Bacon v. Liberty Mut. Ins. Co., 198 Ga. App. 436 (1991)). You sue the driver, and the insurer usually defends the driver.

Georgia’s bad-faith penalty statutes are narrower than many people think:

• O.C.G.A. § 33-4-7 covers property damage claims under a motor vehicle liability policy, such as the other driver’s insurer refusing to fairly pay for your car. If you send a qualifying written demand, the insurer does not accept it within 60 days and you later recover at least that amount, a bad-faith insurer may owe up to 50% of its insured’s liability for the loss or $5,000, whichever is greater, plus reasonable attorney fees. It does not cover injury claims.
• O.C.G.A. § 33-4-6 applies when an insurer refuses in bad faith to pay its own policyholder for a covered loss within 60 days of a demand. It is not a tool against the other driver’s insurer.
• O.C.G.A. § 33-7-11(j) covers your own UM claim. If your UM insurer refuses in bad faith to pay a covered loss within 60 days after your demand, it may owe up to 25% of the recovery or $25,000, whichever is greater, plus reasonable attorney fees.

On an injury claim against the at-fault driver’s insurer, the main pressure is the risk of a verdict above the policy limits, not a penalty statute.

Can I File a Complaint With the Georgia Insurance Commissioner?

Yes. The Georgia Office of the Commissioner of Insurance and Safety Fire (OCI) accepts consumer complaints through its online Consumer Complaint Portal, which OCI says is faster than the paper form. Its Consumer Services Division reviews whether a claim was handled appropriately under the policy and whether state insurance laws were violated.

Include the insurer’s exact name, the adjuster’s name, the claim number, the date of loss, a short description and copies (not originals) of key documents. OCI forwards the complaint to the company for a written response. A complaint is not a lawsuit, and it does not pause the two-year deadline.

File Suit Before the Two-Year Deadline

Insurer reviews, appeals and complaints do not stop the clock. Most Georgia injury lawsuits must be filed within two years of the crash (O.C.G.A. § 9-3-33). Property damage claims generally have four years (O.C.G.A. § 9-3-31). A claim involving a city vehicle requires written notice within six months (O.C.G.A. § 36-33-5).

Our guide to how long you have to file a claim in Georgia covers each deadline.

When a Lawyer Helps, and When You May Not Need One

A lawyer is most useful when you were hurt and the insurer disputes fault, denies coverage or offers less than your losses, when your UM coverage is in play, or when the deadline is close. Our guide to how a Georgia injury case is valued explains what a fair number includes.

If no one was hurt and the only dispute is over your car, you may not need an injury lawyer. Flack Injury Law handles property damage only alongside an injury claim. For a property-only dispute, a written demand under O.C.G.A. § 33-4-7 and an OCI complaint may be the right tools.

If you were injured, you can speak directly with Jonathan Flack at (678) 653-0309 for a free consultation. You owe no fee and no case costs unless we recover money for you.

Denied Injury Claim Questions

Is a denial letter from the insurance company the final decision?

No. It is the insurer’s position. You can respond with evidence, use your own UM coverage if the other driver’s coverage fails, or sue the at-fault driver within two years.

Can I sue the other driver’s insurance company directly in Georgia?

Usually not. Georgia generally requires you to sue the driver, unless there is an unsatisfied judgment or a statute or policy provision allows a direct action.

What if the at-fault driver’s insurance lapsed?

The vehicle may count as uninsured under O.C.G.A. § 33-7-11, so your own UM coverage, or a resident relative’s, may pay your claim up to its limits.

The insurer says I was partly at fault. Can I still recover?

Yes, if you are less than 50% at fault. Your damages are reduced by your percentage of fault (O.C.G.A. § 51-12-33).

Can I report an insurance company in Georgia?

Yes. You can file a consumer complaint with the Georgia Office of the Commissioner of Insurance and Safety Fire, preferably through its online portal.

Does Flack Injury Law handle property damage claims?

Only alongside an injury claim. If no one was hurt, a property-only dispute may not need an injury lawyer.

Related Guides

• Atlanta Personal Injury Attorney
• Atlanta Car Accident Attorney
• Do You Have Enough Uninsured Motorist Coverage in Georgia?
• Determining the Value of Your Personal Injury Case in Georgia
• Understanding the Types of Damages Available in Georgia Personal Injury Cases

See all our guides for people hurt in Georgia crashes.