Legal Question in Personal Injury in Georgia
If an owner of a vehicle is a passenger in the vehicle and the the person / friend driving the vehicle gets in a one car accident, whose insurance is liable for the owner / passenger's injuries - the owner / passenger's insurance company or the driver / friend's insurance company? The owner / passenger also does not have UM / UIM coverage.
2 Answers from Attorneys
Without seeing both policies, it would be impossible to answer you as the answer is based on the coverages and policy language (and facts you omitted).
Under GA law "insurance follows the car" meaning the liability insurance on the car is primary and the driver's policy is excess, meaning above the primary policy if the injuries are serious enough to warrant that much coverage. This is true even if the injured person is the owner of the car and the policy is in his name. This happens all the time when someone lets a friend drive his/her car and is a passenger.
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