If the other driver caused your crash and their insurance company won’t pay your injury claim, the denial is not the final word. In Georgia, you generally cannot sue the at-fault driver’s insurer directly, so the next step is a claim against the driver. You generally have two years from the crash to file that lawsuit (O.C.G.A. § 9-3-33).
Key Points
- Georgia generally bars a direct lawsuit against the at-fault driver’s liability insurer, unless there is an unsatisfied judgment against the insured or a statute or policy provision specifically allows it (Barnes v. State Farm, Ga. Ct. App. 2024).
- An injury lawsuit in Georgia generally must be filed within two years of the crash (O.C.G.A. § 9-3-33).
- If the insurer blames you, Georgia still allows recovery when you are less than 50% at fault, reduced by your share (O.C.G.A. § 51-12-33).
- Georgia’s minimum liability coverage is $25,000 per person and $50,000 per accident. Your own uninsured motorist coverage may add more (O.C.G.A. § 33-7-11).
Why Won’t the Other Driver’s Insurance Pay My Claim?
The adjuster works for the insurance company and its policyholder, not for you. Paying less, or paying later, saves the company money. That does not mean your claim lacks value.
Most stalled injury claims fall into a few patterns:
- Delay. The insurer keeps asking for the same records or says the claim is “still under review.”
- Denial. The insurer says its driver was not at fault, or that your injuries came from something else.
- Lowball offer. The insurer offers a small amount before your treatment is finished.
- Fault dispute. The insurer says you were partly to blame and cuts the offer.
- Low limits. The at-fault driver carries only the minimum, and it does not cover your losses.
The Insurer Keeps Delaying. What Can I Do?
Keep a written record of every call, letter and document you send. Confirm phone conversations by email. Send complete medical records and bills so the insurer cannot blame you for the delay.
Ask the adjuster, in writing, exactly what information is still missing. Set a reasonable date for a response. A clear paper trail helps if the claim later becomes a lawsuit.
Watch the calendar. The two-year lawsuit deadline keeps running while an adjuster “reviews” your file. Our guide on how long you have to file a claim in Georgia explains the deadlines, including shorter notice rules for government vehicles.
Vehicle damage follows a separate rule. Georgia requires a motor vehicle liability insurer to adjust property damage claims “fairly and promptly” (O.C.G.A. § 33-4-7). That statute sets a 60-day demand process and possible penalties, but it covers property damage, not injury claims.
The Insurer Denied My Claim. Is That the Final Word?
A denial is the insurance company’s opinion, not a court ruling. Ask for the denial and its reason in writing. If you were hurt and the evidence shows its driver caused the crash, you can still pursue the claim.
Strong evidence changes the conversation. Photos, video, witness statements and the police report all matter. A Georgia appeals court has allowed an officer’s own observations in a crash report as evidence (Maloof v. MARTA, 2015).
If the insurer says you share the blame, remember the 50% rule. You can recover if you are less than 50% at fault, though your award is reduced by your share. Our guide to a not-at-fault car accident in Georgia explains how fault is proven.
The Offer Is Too Low. Should I Take It?
Early offers often arrive before you know the full cost of your injuries. An offer made mid-treatment may not account for future care. See how a Georgia injury case is valued and the types of damages available.
Read any release before you sign it. Releases are not all the same, and the wording matters. Our post on releases in Georgia injury settlements walks through the basics.
Medical bills add pressure to settle fast. Our guide on managing medical bills while you wait covers ways to ease that pressure. Also be careful with recorded statements, as explained in navigating calls from insurance adjusters.
What If the Other Driver Only Has Minimum Coverage?
Georgia’s minimum is $25,000 per person and $50,000 per accident for bodily injury (O.C.G.A. § 33-7-11; § 40-9-37). When your losses exceed that, the insurer may offer its full limit and nothing more.
Your own uninsured motorist coverage (UM) may cover the gap, unless you rejected it in writing. A passenger may also claim under the vehicle’s UM and under their own or a resident relative’s UM.
The release matters here. When you accept the full policy limits, Georgia allows a limited release that can preserve your UM claim (O.C.G.A. § 33-24-41.1). See general release vs. limited release in Georgia.
Can I Sue the Insurance Company Directly?
Usually not. Georgia courts hold that you may not bring a direct action against the at-fault driver’s liability insurer in most cases. The exceptions are an unsatisfied judgment against the insured driver, or a statute or policy provision that specifically allows a direct action (Barnes v. State Farm, 2024).
In practice, the claim or lawsuit names the at-fault driver. Their liability insurer then typically handles the defense and any payment within the policy limits.
Truck, Uber or Lyft, and Medical Transport Van Crashes
Commercial crashes can involve more insurance and more adjusters. For-hire interstate trucks of 10,001 pounds or more hauling nonhazardous property must carry at least $750,000 in coverage (49 C.F.R. § 387.9). See our Atlanta truck accident attorney page.
Georgia law once let injured people join a motor carrier’s insurer in the lawsuit more broadly. For claims that accrue on or after July 1, 2024, the insurer can be joined only in two situations (SB 426, amending O.C.G.A. § 40-1-112 and § 40-2-140). One is a motor carrier that is insolvent or bankrupt. The other is a driver or carrier who cannot be served after reasonable diligence.
Uber and Lyft crashes have their own coverage rules. Georgia requires at least $1 million once a driver accepts a ride (O.C.G.A. § 33-1-24). Learn more on our Atlanta Uber and Lyft accident attorney and medical transport van accident attorney pages.
Who Flack Injury Law Represents
We represent people injured in crashes someone else caused, and families in wrongful death cases. Our focus is serious truck, rideshare and medical transport van crashes.
We don’t defend drivers who are sued or handle traffic tickets. We also don’t handle coverage disputes with your own insurer over a crash you caused.
Talk Directly With Attorney Jonathan Flack
If the at-fault driver’s insurer is stalling, denying or lowballing your injury claim, you work directly with attorney Jonathan Flack, in English or Spanish. Learn more on our Atlanta car accident attorney page, or read about signing a release, in Spanish.
There is no fee unless we recover compensation for you. Call or text (678) 653-0309. Calls are answered 24/7.
Frequently Asked Questions
Usually not. Georgia courts generally do not allow a direct lawsuit against the at-fault driver’s liability insurer unless there is an unsatisfied judgment against the insured, or a statute or policy provision specifically allows it. The claim or lawsuit usually names the at-fault driver.
A denial is the insurer’s position, not a court ruling. If the evidence shows its driver caused the crash, you can still pursue the claim. That may include a lawsuit against the driver within two years (O.C.G.A. § 9-3-33).
Possibly. Under O.C.G.A. § 51-12-33, you can recover if you are less than 50% at fault, but your award is reduced by your percentage of fault. At 50% or more, you recover nothing.
Georgia’s minimum is $25,000 per person. Your own uninsured motorist (UM) coverage may cover losses above that, unless you rejected it in writing. When you accept the full policy limits, a limited release under O.C.G.A. § 33-24-41.1 can preserve your UM claim.
We represent people injured in crashes someone else caused, including UM claims that arise from those crashes. We don’t handle coverage disputes with your own insurer over a crash you caused.
This article is general information about Georgia law, not legal advice. Contacting Flack Injury Law does not create an attorney-client relationship.
This article is general information about Georgia law, not legal advice for any specific situation. Laws change and outcomes depend on facts particular to each case. Reading this page or contacting Flack Injury Law through this website does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.