How to Discover the Amount of Insurance Available for your Personal Injury ClaimMarch 2017 / by: Taylor Hughes Zahler
When pursuing a personal injury claim in Georgia, one of the first things you need to discover from the liable party or the insurance company (if known) is the amount of insurance coverage applicable to your claim. If you know who the insurer is, O.C.G.A. § 33-3-28(a)(1) requires that the insurer provide the coverage amounts available “within 60 days of receiving a written request from the claimant." The claimant’s (i.e., the injured party) request "shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail or statutory overnight delivery.” (Emphasis added). Specifically, this code section requires the insurer, in response, to either: 1) provide a sworn statement “with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage;” or 2) “provide a copy of the declaration page of each such policy in lieu of providing such information.” O.C.G.A. § 33-3-28(a)(1). Although the claims representative for the insurer may tell you verbally the amounts of coverage over the phone, you will still want to send a letter under oath pursuant to the above-referenced terms to obtain the declarations page(s) or sworn statement as to coverage.
If the insurer is unknown to you, then you may send a letter to the party responsible for your injuries pursuant to O.C.G.A. § 33-3-28(a)(2) requesting the disclosure of each insurer who may be liable to the claimant. The liable party or insured party has 30 days to respond to this request.
This is information that can be obtained without an attorney, but due to the position of power the insurance company is in as compared to the injured party, having an attorney is always recommended. We are always willing to assist and provide a free consultation if you have any questions or concerns.
Sample language for a request under O.C.G.A. § 33-3-28(a)(1) to an Insurer:
VIA CERTIFIED MAIL
In accordance with O.C.G.A. § 33-3-28, I __________________, state that I was injured by [NAME OF LIABLE PARTY], your insured, on [DATE]. I request that you provide the following information to me with regard to each policy of insurance issued to your insured:
(1) Name, address, and telephone number of each insurer;
(2) Name of each insured; and
(3) Limits of coverage, including any excess or umbrella coverage.
Sworn to and subscribed before me
this the ____ day of ____________, 2013.