After an Atlanta car accident, an injured person may need to hold an at-fault driver accountable in a personal injury lawsuit. However, many insured drivers in Atlanta only obtain the minimum requirements of liability insurance. The minimum coverage for bodily injuries is only $25,000 per person and $50,000 per incident. Most people do not have significant assets that would allow them to cover another person’s losses beyond what their liability insurance provides. If you were in an accident with an at-fault driver who was uninsured or underinsured, you may need to turn to your own uninsured/underinsured coverage in order to recoup your losses. In a recent Georgia appellate decision, the court considered the denial of a defendant car insurance company’s motion for summary judgment on an underinsured motorist claim.
The insurance company argued that the insured didn’t provide notice as soon as possible after a car accident with an underinsured driver. At the time of the accident, the insured was named on one of the defendant’s policies. It provided for $250,000 in uninsured or underinsured motorist coverage.
The insurance policy specified that notice should be provided as soon as possible after an accident. The notice, to be valid, needed to name the identity of the insured; the time, place, and details of the collision; and the names and addresses of the person injured, along with any witnesses to the car accident. There were also policy conditions with which the insured needed to comply.