How Do We Find out How Much Insurance Is Available for A Car Accident Claim?

By Ben Sessions on October 13th, 2024 in

Learning how much insurance is available to cover a car accident is a critical part of learning how much resources are available to compensate you for your injuries following a car accident. If you have been involved in a car wreck that resulted in catastrophic injuries, you want to know if the at-fault driver has minimum liability limits. Likewise, we want to know if the at-fault driver has plenty of potential insurance coverage. O.C.G.A. § 33-3-28 (a)(1) states:

Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information.

What Does the Letter to An Insurer Requesting Policy Limits After a Car Accident Need to Say?

A letter requesting policy limits must include:

1. The claimant’s request shall set forth the specific nature of the claim asserted;
2. The request must be made under oath; and
3. It shall be mailed to the insurer by certified mail or statutory overnight delivery.

The law further requires that:

The insured, within 30 days of receiving a written request from a claimant or the claimant’s attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.