Car Accident Insurance Exclusions

Car insurance policies in Georgia are filled with exclusions that can void out otherwise valid insurance. If you are involved in a car accident in Georgia and the insurance company denies the claim and points to an exclusion, then you want to read the policy carefully. The insurance contract gives the coverage and the exclusion can take it away. If the insurance company claims there is no insurance coverage due to an exclusion, then your lawyer should analyze whether the exclusion is valid under Georgia law. Some exclusions are thrown out because they go against public policy.

Willful or Intentional Injury

Almost all auto insurance policies exclude coverage for injuries caused by intentional acts. For car insurance coverage to be excluded in Georgia, the driver must have intended to cause injury. For example, chasing someone down in a car with the intent to hit them would remove the liability insurance on the driver. The Court of Appeals found that if the victim had no Uninsured motorist insurance to step up and protect them, that the exclusion would only exclude coverage past the $25,000.00 per person minimum limits established in OCGA 40-9-37 and 33-7-11. Martin v. Chicago Ins. Co. 184 Ga. App. 472 (1987), Auto Owner's Insurance Company v. Jackson 211 Ga. App. 613 (1994) To sum up; if you get run down by your neighbor on purpose and they have a $100,000.00 liability insurance policy, the coverage will reduce to $25,000.00 under the exclusion unless you have uninsured motorist insurance, in which case the liability policy will disappear altogether. If you have uninsured motorist insurance, you may pursue it for their actions.

Unlicensed Driver Exclusion

The Court of Appeals has held that an unlicensed driver exclusion is also valid if the victim has uninsured motorist coverage but otherwise it is void up to the minimum limits. Travelers Ins. Co. v. Progressive Preferred Ins. Co., 193 Ga.App. 864, 389 S.E.2d 370 (1989)

Named Driver Exclusion

The named driver exclusion is typically enforced by the court. This usually occurs where a family member has a lousy driving record so the insurance agent has the insured members sign a paper excluding coverage for the lousy driver in exchange for a better rate. Although some lawyers believe that in the right case with a victim with no access to insurance, the exclusion would be void up to the minimum limits, I have yet to see the appellate case saying so. Cotton States Insurance Co. v. Neese 254 Ga 335 (1985) and Progressive Preferred Ins. Co. v. Browner 193 Ga. App. 864 (1989)

Business Use Exclusion

Oddly, we rarely see insurers trying to enforce the business use exclusion. this provides that if you have a personal automobile insurance policy and you are in the course and scope of your business when you crash, coverage is excluded. Commuting is not in course and scope so it is not affected, but what about driving your personal vehicle between job sites? What if you were driving between job sites? That is probably excluded. Edmund v. Continental Insurance Co. 249 Ga App. 338 (2001) That said, I have only seen one instance in 13 years where the insurance carrier actually raised this defense.

Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected. James
A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up. Tracy
I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case. A Car Accident client