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

Under O.C.G.A. § 9-3-33, the statute of limitations for personal injury actions is two (2) years from the date of injury.

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(d), a defendant may apportion fault to non-parties at trial, even if those persons are not joined as defendants. This is a significant defense tool. The trier of fact considers the fault of all persons who contributed to the injury, whether or not they are parties to the action.

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 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. § 33-7-11.

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. § 33-4-6

Statutory Bad Faith Penalty

Under O.C.G.A. § 33-4-6, in the event of a covered loss, if the insurer refuses to pay a claim within sixty (60) days after a demand has been made, the insurer shall be liable to pay:

☐ The amount of the loss
☐ Plus not more than 50% of the liability of the insurer for the loss, or $5,000, whichever is greater (penalty)
☐ Plus all reasonable attorney fees for the prosecution of the action

This statute provides a powerful incentive for insurers to pay meritorious claims promptly. The 60-day clock begins running from the date of demand.

This letter constitutes the formal demand triggering the 60-day period under O.C.G.A. § 33-4-6. Failure to pay this claim within sixty (60) days may result in your company being liable for the statutory penalty of up to 50% of the claim amount, plus all attorney 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. Punitive damages are generally capped at $250,000, except in cases of:

☐ Specific intent to cause harm (no cap)
☐ DUI / impaired driving (no cap)
☐ Product liability (no cap)

75% of punitive damages (minus litigation costs) are payable to the State of Georgia.

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 deadline under O.C.G.A. § 33-4-6.

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 Penalty: O.C.G.A. § 33-4-6 — 50% penalty + attorney fees if insurer refuses to pay within 60 days of demand
☐ Apportionment to Non-Parties: O.C.G.A. § 51-12-33(d) — defendant can apportion fault to non-parties
☐ Punitive Damages: O.C.G.A. § 51-12-5.1 — generally capped at $250,000; exceptions for DUI, intent, products; 75% to state
☐ 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 (O.C.G.A. § 33-7-11)

SOURCES AND REFERENCES

• O.C.G.A. § 9-3-33 (Statute of limitations)
• O.C.G.A. § 51-12-33 (Comparative negligence / apportionment)
• O.C.G.A. § 33-4-6 (Bad faith penalty)
• O.C.G.A. § 51-12-5.1 (Punitive damages)
• 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