Legal Question in Insurance Law in Georgia

How can I make sure my insurance company accepts a demand for a settlement if I am the at fault driver in a traffic accident?

Asked on 5/28/18, 4:57 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can't. You get no say whatsoever. They decide whether to settle or fight. If they fight, and the case goes to court, they hire the lawyer and if they lose they pay or appeal.

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Answered on 5/28/18, 6:31 am
Ronald Arthur Lowry Ronald Arthur Lowry

If a settlement demand has been made by the injured party for an amount within the limit of your liability insurance policy, you can write a letter to the insurer (sent to the adjuster working on your claim) demanding that the insurer settle the claim for that amount or another amount within the policy limit. If the insurer refuses and the case goes to trial and a verdict is returned that is higher than the policy limit, you will then be in a position to make the insurer pay the difference between the verdict amount and the policy limit thereby protecting yourself from an excess verdict. Be sure to send this in writing, certified mail, and keep a copy of the letter and the certified mail receipt. Those items will be valuable evidence in any future court battles between you and your own insurer to force the insurer to pay.

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Answered on 5/28/18, 9:05 am

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