Monday, April 8, 2013

O.C.G.A. section 9-11-67.1: when does it apply?

Following our recent post on the recent enactment of O.C.G.A. 9-11-67.1, we have received many questions asking when the new statute goes into effect. Although the statute has not yet been signed into law by Governor Nathan Deal, he is expected to do so in the near future. The statute applies to car wrecks that occur on or after July 1, 2013. For automobile accidents occurring before that date, the restrictions created by O.C.G.A. 9-11-67.1 do not apply, even to policy limits demands (often called "Smoot demands" or "Holt demands") made after that date. And, by its terms, the statute only applies (1) to automobile accidents, and (2) to those cases in which an attorney is involved.

Click here for the full text and legislative history.

The new statute does not alter the requirement that an insurer act in good faith in accepting or rejecting an offer to settle a demand from an injured party. Insurers may still be liable for failing to properly evaluate a serious injury case.

Turkheimer & Hadden, LLC
Trial and Appellate Lawyers
(404) 890-7200

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