When pursuing a personal injury claim in Georgia, it’s crucial to notify the defendant’s insurance company about your intention to file a claim as soon as possible. This ensures the insurance company is aware of the potential legal action and that you, as the claimant, receive the necessary information, including policy details, to assess the available coverage. In this article, we will guide you through the steps for properly placing the insurance company on notice, requesting the defendant’s policy information, and following the legal requirements outlined in Georgia law.
Sending a Letter of Representation and Demand for Policy Limits
One of the first steps in notifying the insurance company is sending a Letter of Representation. This letter informs the insurer that you, through your attorney, are representing the injured party and that you intend to file a claim. Along with this letter, it’s important to request a copy of the defendant’s insurance policy information, including coverage limits. This will help you assess the total compensation available for the injuries sustained.
In the letter, be sure to:
- Clearly identify the parties involved (your client and the defendant).
- Provide a brief summary of the incident, such as a car accident or premises liability case.
- Reference any relevant claim numbers or case details.
- Request a certified copy of the defendant’s insurance policy, including declarations of coverage, limits, and exclusions.
Include the Relevant Georgia Code
Under Georgia Code § 33-3-28, insurance companies are required to provide a claimant with certain information when requested in writing. This law compels the insurer to disclose the policy details within 30 days of receiving the request. Including a reference to this statute in your letter increases the likelihood that the insurer will promptly comply with your request.
Sample Language to Include:
“Pursuant to O.C.G.A. § 33-3-28, we hereby request a certified copy of the declarations page, any applicable endorsements, and limits of coverage for the insured party in the above-referenced matter. Please respond within the legally required 30-day period with this information.”
Attach an Affidavit of Compliance
In addition to citing the Georgia Code, it’s often recommended to include an affidavit of compliance with your request. This affidavit serves as an official declaration that you are requesting the information under legal grounds and can be used to support any future motions or litigation should the insurance company fail to comply.
Key Elements of the Affidavit:
- Identification of the Claim: Clearly state the nature of the claim, including details of the incident (e.g., date, location, parties involved).
- Legal Reference: Cite O.C.G.A. § 33-3-28 to reinforce the legal obligation of the insurance company.
- Notarization: Ensure that the affidavit is properly notarized to validate its authenticity.
Sending a Spoliation Letter (If Applicable)
In cases where crucial evidence needs to be preserved, such as video footage or vehicle data, it’s essential to send a spoliation letter along with your notice to the insurance company. This letter requests that the defendant and the insurance company preserve all relevant evidence for the claim.
By doing so, you ensure that no critical information is destroyed, which could weaken your case. Georgia courts take spoliation of evidence seriously, and failure to preserve evidence after receiving such a letter can result in sanctions or negative inferences drawn during trial.
Follow Up and Document All Communication
Once the notice, request for policy information, and affidavit have been sent, it’s vital to:
- Track deadlines: Mark your calendar for the 30-day period within which the insurer must respond.
- Document responses: Keep detailed records of all communications with the insurance company. If they fail to comply, you may need this documentation to file a motion or take further legal action.
What Happens If the Insurance Company Fails to Respond?
If the insurance company does not comply with your request within the 30-day window set by Georgia law, you have options. You can file a motion to compel in court to force them to disclose the policy limits or seek sanctions for non-compliance. Failing to provide this information can also negatively impact the insurance company’s defense in litigation, giving you leverage in settlement negotiations.
The Importance of Early Notice and Policy Information
Placing the insurance company on notice as early as possible is a critical step in pursuing your personal injury claim. By requesting the defendant’s policy information and including a spoliation letter when necessary, you protect your client’s rights and ensure that key evidence is preserved. At Injury Enterprise LLC, we make sure all legal steps are followed meticulously, leveraging Georgia laws like O.C.G.A. § 33-3-28 to maximize your chances of success.
If you have been injured and need expert guidance on how to navigate your personal injury claim, contact us today for a free consultation. Our team of experienced personal injury attorneys is here to fight for your rights and ensure you get the compensation you deserve.
