$125,000 Rear-End Collision Settlement
Published: 4/23/2023 | Written by Elliot Bourne (Partner)
In a recent case, our client was involved in a rear-end collision that resulted in $30,000 in medical bills. Like many accident victims, they needed compensation to cover these mounting expenses. Our client turned to us at Bourne Law Firm for help, and we knew exactly how to use Georgia law to get them the best possible outcome.
Our Clients Story
In a recent case, our client was involved in a rear-end collision that resulted in $30,000 in medical bills. Like many accident victims, they needed compensation to cover these mounting expenses. Our client turned to us at Bourne Law Firm for help, and we knew exactly how to use Georgia law to get them the best possible outcome.
Upon investigating the case, we obtained the at-fault driver’s insurance policy limits under O.C.G.A. § 33-3-28. Unfortunately, the driver carried the minimum coverage of $25,000 and had no additional assets to compensate our client. The situation seemed bleak, but our experienced attorneys didn’t back down.
We leveraged Georgia’s time-limited demand statute to demand that the insurance company pay the $25,000 policy limits immediately. The insurer tried to pay after 30 days, but we strategically revoked our offer. We argued that the insurance company acted in bad faith under Georgia law, which turned the tide in our favor.
Our in-depth knowledge of Georgia’s legal system and our expertise in dealing with insurance companies enabled us to secure an impressive $125,000 settlement for our client - five times the at-fault driver’s policy limits! This extraordinary result demonstrates the importance of hiring an experienced attorney who knows how to navigate the complexities of personal injury law.
Understanding Holt Demands and Bad Faith
In Georgia, a “Holt demand” is a time-limited demand letter that can expose insurers to liability beyond policy limits if they act in bad faith. Key points:
- Named after Southern General Insurance Company v. Holt case
- Creates strict deadline for insurance company to respond
- Insurer’s failure to respond can expose them to extra-contractual liability
- Bad faith = refusing to fairly settle when liability is clear
- Can result in recovery far exceeding original policy limits
- Requires experienced attorney who knows Georgia insurance law
In Georgia, a “Holt demand” is a time-limited demand letter sent to the at-fault party’s insurance company, requesting that they settle a claim within a specified time frame. This demand is named after the Georgia Supreme Court case, Southern General Insurance Company v. Holt, in which the Court ruled that an insurer’s failure to respond to a time-limited demand within the given time frame could expose them to potential liability beyond the policy limits, if their actions are considered to be in bad faith.
Bad faith in Georgia car accident law refers to an insurance company’s refusal or failure to promptly and fairly settle a claim, even when the responsibility of the at-fault party is clear. Insurance companies are legally obligated to act in good faith when negotiating and settling claims. When they intentionally delay, deny, or underpay valid claims without a reasonable basis, they can be held liable for bad faith. These insurance company tactics to minimize claims are part of a broader pattern documented in our review of insurance companies’ aggressive claim-handling strategies. In such cases, an experienced attorney can use the insurer’s bad faith actions to secure compensation beyond the policy limits for their clients, as we did in the case mentioned above.
Our client was thrilled with the outcome, and we were proud to have made a significant difference in their life. At Bourne Law Firm, we’re committed to fighting for our clients and using our experience to secure the best possible results, even in the most challenging situations. To learn more about how attorney fees work in personal injury cases, visit our detailed guide.