WHAT IS A DIRECT ACTION AGAINST THE INSURER?
In the state of Georgia, a person may have a right to sue an insurance company directly if they are involved in an accident in which injury or loss occurs. For the statute to take effect, the accident must have happened within the borders of the state. Additionally, the vehicle involved in the accident, or found to be at fault, must be registered and insured in the state.
In most cases a victim must first sue the driver of the vehicle who is found to be at fault in an accident. The victim may then file a second lawsuit against the holder of the liability insurance of the at-fault driver after a judgment has been made in the first lawsuit. There is normally a statute of limitations dictating how quickly the second lawsuit must be filed.
In most instances, it is not possible to file a direct action lawsuit in Georgia. That said, there are situations in which a direct action case is permissible. A lawsuit may, in some cases, be filed after a victim cannot resolve a claim with the insurance company. Because there are laws that dictate how these cases are filed and when they are applicable, it is recommended that any person who has been involved in a vehicle accident in Georgia contact an experienced auto accident attorney.
Victims typically have the right to be compensated for injury, property damage and more. How that compensation is best obtained is a question for a legal expert.