Earlier this month, a state appellate court issued a written opinion in a Georgia car accident case requiring the court to determine if the plaintiff’s recovery amount should be reduced by the amount of money that the insurance company paid the plaintiff before the case was resolved. Ultimately, after closely reading the language in the insurance contract, the court concluded that such an offset was appropriate, reducing the plaintiff’s recovery amount by over $22,000.
The Facts of the Case
According to the court’s opinion, the plaintiff had an insurance policy with the defendant insurance company. The case arose when the plaintiff was injured in a Georgia car accident with an uninsured driver. Evidently, the uninsured driver failed to yield at an intersection, striking the plaintiff’s vehicle. The matter of whom was at fault was not important to the court’s opinion; it was assumed that the other driver was responsible for the accident.
The plaintiff filed a personal injury lawsuit against the uninsured driver, and a jury returned a general verdict in the plaintiff’s favor for $157,400. The plaintiff’s insurance company paid the judgment, but requested that the total amount be reduced by the amount of money it paid to the plaintiff during the pendency of the lawsuit.