When someone is involved in a Georgia car accident and needs to go after their Uninsured or Underinsured Motorist insurance, immediate notice is required. If you fail to put them on notice, your entire claim can be denied. Insurance companies are for-profit corporations, and they rely on taking in more money in premiums each month than they pay out in claims. One of the key defenses to UM claims is the argument that the insured failed to give notice of a crash. This often happens because the person injured was in another vehicle and simply did not realize they might one day need access to their UM insurance. The insurance companies are vicious when it comes to enforcing this provision.
Most policies require immediate notice or notice within 60 days of the crash. When an insurance claim is denied, a personal injury lawsuit has to be filed in an attempt to compel the insurance company to honor the contractual agreement contained in the policy.
It is important for Georgia accident victims to understand the language in their insurance policy, and to comply with any requirements after an accident. If a plaintiff fails to comply with the requirements of their policy, the insurance company may have grounds to deny the claim. A recent car accident case in the Court of Appeals illustrates the difficulties an accident victim may encounter if these requirements are not precisely followed.
In this appeals case, the trial court’s decision to throw the case out was overturned on the argument that the insured did not know that her injury was serious and might need the UM coverage.