Auto Accident Demand Letter - Georgia

DEMAND FOR SETTLEMENT — MOTOR VEHICLE COLLISION

STATE OF GEORGIA

[________________________________]
Attorneys at Law
[________________________________]
[________________________________], Georgia [____]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

DATE: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA ELECTRONIC MAIL

[________________________________]
[________________________________]
[________________________________]
[________________________________], [____] [____]

RE: SETTLEMENT DEMAND — MOTOR VEHICLE COLLISION
Our Client: [________________________________]
Date of Loss: [__/__/____]
Your Insured: [________________________________]
Policy Number: [________________________________]
Claim Number: [________________________________]

Dear [________________________________]:

This firm represents [________________________________] ("Claimant") in connection with the motor vehicle collision that occurred on [__/__/____] in [________________________________] County, Georgia. This letter constitutes a formal demand for settlement of all claims arising from this incident.

I. GEORGIA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two (2) years after the right of action accrues, except as otherwise provided in the article. Confirm the claim-specific accrual date and every applicable exception or tolling rule before completing the date below.

The limitations period in this matter expires on [__/__/____].

B. Modified Comparative Negligence (50% Bar)

Georgia follows modified comparative negligence under O.C.G.A. § 51-12-33. A plaintiff is barred from recovery if the plaintiff's fault is equal to or greater than 50% of the total fault. Where recovery is permitted, damages are reduced by the plaintiff's percentage of fault.

Note: Georgia uses a 50% bar (plaintiff barred at 50%), which is stricter than 51% bar states.

Our client bears no fault whatsoever for this collision.

C. Apportionment of Fault to Non-Parties

Under O.C.G.A. § 51-12-33(c)-(d), the trier of fact considers the fault of persons or entities that contributed to the claimed injury or damages. A nonparty's fault is considered only if the plaintiff settled with that nonparty or a defending party files the required identifying notice no later than 120 days before trial.

D. No Damage Caps on Compensatory Damages

Georgia does not impose statutory caps on compensatory damages in automobile accident personal injury cases. Both economic and non-economic damages are fully recoverable.

E. Minimum Insurance Requirements

Georgia requires minimum motor vehicle liability coverage of $25,000 per person / $50,000 per accident for bodily injury and $25,000 for property damage under O.C.G.A. § 33-34-4. Uninsured/underinsured motorist (UM/UIM) coverage must also be offered at matching limits under O.C.G.A. § 33-7-11 unless rejected in writing.

II. PRESERVATION OF EVIDENCE DEMAND

☐ Complete claims file, including all adjuster notes and evaluations
☐ All photographs, videos, and surveillance footage
☐ All recorded or written statements
☐ Vehicle inspection reports, repair estimates, and salvage records
☐ Event Data Recorder (EDR) / "black box" data
☐ Cell phone records of the insured driver
☐ All insurance policy documents

III. STATEMENT OF FACTS

On [__/__/____], at approximately [____] [a.m./p.m.], our client was [________________________________] on [________________________________] in [________________________________] County, Georgia. At that time, your insured, [________________________________], was operating a [____] [________________________________] (VIN: [________________________________]).

[________________________________]
[Describe the collision in detail]
[________________________________]

The [________________________________] [Georgia State Patrol / County Sheriff / Municipal Police] responded to the scene and prepared Crash Report No. [________________________________]. The report [________________________________] [describe findings, citations, fault].

IV. LIABILITY ANALYSIS

A. Defendant's Negligence

Your insured breached the duty of care by:

☐ Failing to maintain a proper lookout — O.C.G.A. § 40-6-241
☐ Following too closely — O.C.G.A. § 40-6-49
☐ Failing to yield the right of way — O.C.G.A. § 40-6-70 et seq.
☐ Speeding or exceeding safe speed — O.C.G.A. § 40-6-180
☐ Running a red light or stop sign — O.C.G.A. § 40-6-20
☐ Improper lane change — O.C.G.A. § 40-6-123
☐ Distracted driving / texting — O.C.G.A. § 40-6-241.2
☐ Driving under the influence — O.C.G.A. § 40-6-391
☐ Other: [________________________________]

B. Comparative Fault Analysis

Under O.C.G.A. § 51-12-33, our client bears zero percent (0%) fault. The evidence conclusively establishes sole responsibility on the part of your insured.

C. Negligence Per Se

Violation of a Georgia traffic statute constitutes negligence per se. Wright v. Dilbeck, 122 Ga. App. 214, 176 S.E.2d 715 (1970). Your insured's violation of O.C.G.A. § [________________________________] establishes negligence as a matter of law.

V. MEDICAL TREATMENT SUMMARY

A. Emergency / Immediate Treatment

B. Ongoing Treatment

C. Diagnosis Summary

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

D. Prognosis

[________________________________]

VI. ITEMIZED MEDICAL EXPENSES

Estimated Future Medical Expenses

VII. LOST WAGES AND EARNING CAPACITY

Employer: [________________________________]
Position: [________________________________]
Rate of Pay: $[________] per [hour/week/month/year]

VIII. PROPERTY DAMAGE

IX. PAIN AND SUFFERING / NON-ECONOMIC DAMAGES

☐ Physical pain and suffering (past and ongoing)
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Inconvenience and disruption of daily activities
☐ Scarring and/or disfigurement
☐ Fear and anxiety
☐ Sleep disruption

Georgia does not cap non-economic damages in auto accident cases.

Non-Economic Damages Claimed: $[________]

X. LOSS OF CONSORTIUM

[If applicable:]

Claimant's spouse, [________________________________], has suffered a loss of consortium. Georgia recognizes loss of consortium as a claim for loss of the spouse's society, companionship, and sexual relations. Consolidated Freightways Corp. v. Futrell, 201 Ga. App. 233, 410 S.E.2d 751 (1991).

Loss of Consortium Claimed: $[________]

XI. TOTAL DAMAGES SUMMARY

XII. SETTLEMENT DEMAND

Based upon the foregoing, we hereby demand the sum of:

$[________________________________]

This demand is open for thirty (30) days from the date of this letter, expiring on [__/__/____].

XIII. BAD FAITH WARNING — O.C.G.A. § 33-4-7 (MOTOR VEHICLE LIABILITY)

Statutory Bad Faith Penalty — Third-Party Motor Vehicle Claims

Because this is a third-party demand against your insured's motor vehicle liability policy, the governing bad-faith statute is O.C.G.A. § 33-4-7, not O.C.G.A. § 33-4-6. Section 33-4-7 imposes an affirmative duty on a motor vehicle liability insurer to adjust the loss fairly and promptly, to reasonably investigate and evaluate the claim, and, where liability is reasonably clear, to make a good-faith effort to settle with the claimant within policy limits.

Under O.C.G.A. § 33-4-7(c), a claimant is entitled to recover if:

☐ The claimant or claimant's attorney delivers a demand letter by statutory overnight delivery or certified mail, return receipt requested, offering to settle for an amount certain;
☐ The insurer refuses or declines within 60 days of receipt, compelling the claimant to file or continue suit; and
☐ The claimant ultimately recovers an amount equal to or in excess of the demand.

On such a finding, the insurer is liable, in addition to the loss, for not more than 50% of the insured's liability for the loss or $5,000, whichever is greater, plus all reasonable attorney's fees (O.C.G.A. § 33-4-7(a), (f)).

This letter is delivered pursuant to O.C.G.A. § 33-4-7 and constitutes the formal demand triggering the 60-day period. Failure to make a good-faith effort to settle a claim of reasonably clear liability within sixty (60) days may expose your company to the statutory penalty of up to 50% of liability (or $5,000, whichever is greater) plus all attorney's fees.

O.C.G.A. § 33-6-34 — Unfair Claims Settlement Practices

Georgia also prohibits unfair claims settlement practices under O.C.G.A. § 33-6-34, including failing to promptly investigate claims, misrepresenting policy provisions, and not attempting good-faith settlements.

Common-Law Bad Faith

Georgia courts recognize the tort of bad faith failure to settle within policy limits. Southern General Insurance Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992). An insurer that fails to settle when it could and should have done so may be liable for the entire judgment, including amounts in excess of policy limits.

XIV. PUNITIVE DAMAGES NOTICE

Under O.C.G.A. § 51-12-5.1, punitive damages may be awarded where there is clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which raises the presumption of conscious indifference to consequences. In an ordinary (non-product-liability) auto case, the amount is capped at $250,000 under O.C.G.A. § 51-12-5.1(g), except:

☐ Specific intent to cause harm — no cap (§ 51-12-5.1(f))
☐ The active tortfeasor acted while under the influence of alcohol, drugs other than lawfully prescribed drugs administered in accordance with prescription, or intentionally consumed glue, aerosol, or other toxic vapor to the degree that judgment was substantially impaired — no cap (§ 51-12-5.1(f))

Note on the "75% to the State" split: The provision paying 75% of a punitive award (less a proportionate share of litigation costs) into the state treasury applies only to product-liability cases under O.C.G.A. § 51-12-5.1(e)(2). It does not apply to an ordinary motor vehicle negligence claim; subsection (g)'s cap applies unless subsection (f)'s specific-intent or qualifying substantial-impairment route is proved.

XV. ENCLOSED DOCUMENTS

☐ Medical records and bills from all treating providers
☐ Police/crash report
☐ Photographs of vehicle damage and injuries
☐ Employer verification of lost wages
☐ Property damage estimates
☐ Witness statements (if available)
☐ [________________________________]

XVI. RESPONSE REQUESTED

Please confirm receipt and provide a substantive response within thirty (30) days. Please note the 60-day good-faith-settlement deadline under O.C.G.A. § 33-4-7.

Respectfully submitted,

[________________________________]
Attorneys for [________________________________]

By: _________________________________
[________________________________]
Georgia Bar No. [________________________________]
[________________________________]
[________________________________], Georgia [____]
Telephone: [________________________________]
Email: [________________________________]

GEORGIA PRACTICE NOTES AND CHECKLIST

☐ 50% Bar Rule: Plaintiff barred if equal to or greater than 50% at fault (O.C.G.A. § 51-12-33) — stricter than 51% states
☐ No Damage Caps: Full compensatory damages available
☐ Bad Faith (third-party): O.C.G.A. § 33-4-7 — motor vehicle liability insurer's duty to settle; 50% (or $5,000) penalty + attorney fees where liability is reasonably clear and it fails to settle within 60 days of demand and claimant recovers ≥ the demand. (First-party med-pay/collision → § 33-4-6; first-party UM/UIM → § 33-7-11(j) (25%/$25,000), NOT § 33-4-6.)
☐ Apportionment to Non-Parties: O.C.G.A. § 51-12-33 — after 2022 amendment (eff. 5/13/2022), applies to single-defendant cases; nonparty fault considered on 120-day notice or nonparty settlement (§ 51-12-33(d))
☐ Punitive Damages: O.C.G.A. § 51-12-5.1 — capped at $250,000 under subsection (g); uncapped for specific intent or subsection (f)'s qualifying substantial impairment; the 75%-to-state split applies ONLY to product-liability cases under subsection (e)(2)
☐ Negligence Per Se: Traffic code violations establish negligence as a matter of law
☐ Venue: County where defendant resides or where injury occurred (O.C.G.A. § 9-10-31)
☐ Government Claims: Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.) — ante litem notice within 12 months
☐ UM/UIM: Required coverage offering under O.C.G.A. § 33-7-11
☐ Minimum Insurance: $25,000/$50,000/$25,000 liability (O.C.G.A. § 33-34-4)

SOURCES AND REFERENCES

• O.C.G.A. § 9-3-33 (Statute of limitations)
• O.C.G.A. § 51-12-33 (Comparative negligence / apportionment; amended 2022 Ga. Laws 876, eff. 5/13/2022)
• O.C.G.A. § 33-4-7 (Bad faith — third-party motor vehicle liability claim)
• O.C.G.A. § 33-4-6 (Bad faith — first-party claim by the policyholder)
• O.C.G.A. § 51-12-5.1 (Punitive damages)
• O.C.G.A. § 33-34-4 (Minimum motor vehicle liability limits)
• O.C.G.A. § 33-7-11 (Uninsured/underinsured motorist coverage)
• O.C.G.A. § 33-6-34 (Unfair claims practices)
• O.C.G.A. Title 40 (Motor Vehicles and Traffic)
• Georgia General Assembly: https://www.legis.ga.gov