Earlier this month, a state appellate court issued an opinion in a Georgia car accident case involving a dispute between the plaintiff and an insurance company. The question the court was tasked with answering was whether the plaintiff adequately complied with the requirements of the insurance policy, such that the insurance company was obliged to cover her accident claim.
The Facts of the Case
The plaintiff was involved in a car accident in August 2015. A week or two after the accident, the plaintiff sought medical care for her injuries. However, the plaintiff continued to suffer significantly, which prevented her from working. The plaintiff soon afterward filed a personal injury lawsuit against the other driver; however, notice of the lawsuit was not provided to the insurance company until April 2016.
At the time of the accident, the vehicle the plaintiff was driving was owned and insured by her ex-husband. That insurance policy contained language that, in order to obtain coverage, a claimant needed to notify the insurance company immediately of any accident. The insurance company sought dismissal of the case against it on the basis that the plaintiff failed to provide immediate notice after the accident.