Legal Question in Insurance Law in Georgia

I was in a car accident back in December. For about three years i was under the impression that i was covered by my fathers business insurance. After the accident we found out that I would have to be 21 in order to be covered and i am 20. So the insurance did not cover the damage to my car or to the other persons car and now I have been asked to come up with 7500 dollars in thirty days from the other guys insurance company. And they have also sent me a requast to suspend my licsens. I just want to know do i have any rights here? I tried to compromise a payment plan but the offers the insurance company is making is just too much for me. I work part time and go to school full time so money is very tight for me. Do you all have any suggestions that could help me out in this situation?

Asked on 3/20/13, 8:11 am

2 Answers from Attorneys

Ronald Arthur Lowry Ronald Arthur Lowry

Insurers are notorious for burying language in the fine print that allows them to avoid coverage when the insured thought that he/she was covered. Georgia is a mandatory auto insurance state. Appellate caselaw says that even if the insurer contends that there is no coverage under an automobile liability insurance policy, the law imposes an obligation on the liability insurer to provide the minimum limit coverage mandated by law to the innocent damaged party. In my view your insurer should have paid this claim and then tried to collect back from you. While that may sound like the same thing as what you are experiencing, it is not. The amount in question ($7500) is not high enough to justify litigation because the cost of getting an attorney would probably exceed that. The best thing for you is to try to work out a deal, The insurer will probably take less than the full amount. Negotiate with them. Good luck.

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Answered on 3/20/13, 8:48 am

Glen Ashman Ashman Law Office

The insurer may or not be correct as your exclusion. But if they are, you owe the $7500. You'd either need to cut your best deal or have your license suspended. If you can't pay, a bankruptcy likely would erase the debt and protect your license.

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Answered on 3/20/13, 11:18 am

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