As if dealing with a Georgia car accident isn’t stressful enough, managing the hurdles that come with being hit by an uninsured driver can bring on a massive headache of its own accord. Compensation may be available for your injuries, assuming you have uninsured motorist coverage on your car insurance policy. However, every insurance provider has specific rules governing what information you must provide and when it must be provided. When you are unfamiliar with your policy’s requirements and terms, the chances of noncompliance increase, potentially jeopardizing your claim.
In a recent Court of Appeals of Georgia decision, the court considered whether the plaintiff gave sufficient notice of an uninsured motorist claim to her insurance company. Evidently, the plaintiff was driving her employer’s car and was injured after being rear-ended by another vehicle while stopped at an intersection. Following the accident, the plaintiff returned to her workplace, picked up her own car, and went straight to the doctor’s office. Following an examination and x-ray from her doctor, she was told that she had whiplash. She had surgery on her neck two years after the accident.
At the time of the accident, the plaintiff was insured under an insurance policy written by the defendant that included uninsured motorist coverage. In the event of a claim under the uninsured motor vehicle coverage, the policyholder was required to notify the provider with all details as reasonably soon as possible after being examined and treated for an injury. In a letter to the insurance company, the plaintiff’s lawyer did not include any details of the plaintiff’s injuries, treatment, or medical expenses. Although this letter was sent to the insurance company shortly after the accident, the plaintiff did not file a suit for damages from the collision until two years later. The trial court determined that the plaintiff did not give notice to the defendant of her claim because it lacked details about the injury, treatment, and other required information. The plaintiff appealed.