Understanding a Georgia Limited Liability Release

In Georgia if you are going to settle with the insurance company for the driver who hit you,  you want to make sure that you only sign a Georgia Limited Liability Release instead of a general release so that your rights to go after your Georgia uninsured motorist coverage is preserved. Under a Limited Release you are releasing the option of taking the persons own money, car, house but you are getting their full insurance policy limits and can still recover from your Uninsured Motorist Coverage. As far as justice goes, know that your Uninsured Motorist Insurance carrier will ultimately sue the defendant and go after their personal assets. let them do your work for you.

Bottom line is if you are dealing with uninsured motorist issues, you are foolish to proceed on your own. There are just too many traps and the law has shifted considerably in the last two years alone.

The critical issues are:

1) Do not put a spouse on as well as this may kill your UM claim
2) Have a lawyer review the Release and be wary of indemnity language
3) Some UM insurance companies complain that the Limited Liability Release goes too far and releases their subrogation rights. Although this argument usually fails, it can definitely slow down the process of getting the Uninsured Motorist Limits.

Here is an example of a Limited Liability Release:

GEORGIA LIMITED RELEASE OF ALL CLAIMS
PURSUANT TO O.C.G.A. §33-24-41.1


            FOR AND IN CONSIDERATION of the payment to me/us of the sum of three hundred thousand ($300,000.00), the receipt of which is hereby acknowledged, I/we being of lawful age, do hereby give a limited release pursuant to O.C.G.A. §33-24-41.1, to Tortfeasor his/her heirs, executors and assigns (hereinafter “Limited Releasees”), for any liability now accrued or hereafter to accrue on account of any and all claims or causes of action which I/we now or may hereafter have for personal injuries, damage to property, loss of services, medical expenses, contribution, indemnification, losses or damages of any and every kind or nature whatsoever, now known or unknown or that may hereafter develop, by me/us sustained or received on or about February 4, 2008 through an auto accident except to the extent other insurance coverage is available which covers such claims or causes of action including but not limited to any available uninsured/underinsured motorist coverage under Clients’ names’ ACME INSURANCE policy (policy number: 6126XXXXX), and I/we hereby declare that I/we fully understand the terms of this settlement and voluntarily accept said sum for the purpose of making a full and final compromise, adjustment and settlement of the injuries and damages, expenses and inconvenience above mentioned and further intend to release all my/our claims for injury or damage or consequences thereof now known or unknown or which hereafter arise from this accident except to the extent that other coverage is available as outlined above.  This payment of $300,000.00 is for payment of Injured Spouse Client’s claims. 
 
            IT BEING FURTHER AGREED AND UNDERSTOOD that this settlement is a compromise of a disputed claim and that the payment is not to be construed as an admission on the part of the party or parties hereby released of any liability whatever in consequence of said accident. 

            In all cases where the insurer shall settle the claims of third persons against the insured without written consent that it shall be the duty of the insurer to inform the third persons in writing of the lack of consent of the insured and that the insured is not thereby precluded from the further assertion of claims against the third persons before taking from the third persons any release, covenant not to sue, or settlement; and upon the failure of the insurer to give the notice to the third persons of the lack of the consent of the insured, the release, covenant not to sue, or other settlement shall be of no effect, null and void.

            The claimant(s) warrants and represents to the insurer (the term “insurer” in this limited release refers to the insurer of Tortfeasor: ACME INSURANCE policy number 23529XXXXX) that there are no medical or hospital liens, or expenses for which the insurer and/or Limited Releasees may be held liable under O.C.G.A. Section 44-14-470 (et seq.), or under O.C.G.A. Section 49-4-148 or 49-4-149 or any other law or statute; but in the event any claims are asserted against the insurer for such medical expenses by any person, firm, corporation, authority, governmental agency or other entity on account of any hospital or medical treatment rendered to the claimant by reason of the incident referred to herein, the claimant(s) will hold harmless, defend and indemnify the insurer from all such claims and for any amounts the insurer is required to pay therein, including any and all attorney fees incurred in the defense of the insurer against said claims.  In exchange for this indemnification, insurer and/or Limited Releasees agree to timely notify claimant(s) of any such claim(s) made against insurer and/or Limited Releasees so that claimant(s) can participate in and defend such claim(s) and assert all available defenses including but not limited to the complete compensation doctrine as set out in O.C.G.A. §33-24-56.1.  Claimant(s) do not agree to release, hold harmless, defend or indemnify Limited Releasees and/or insurer for any claims for subrogation, reimbursement, contribution or other claims made by the underinsured/underinsured motorist carrier (Client’s ACME INSURANCE policy number: 612XXXX) against Limited Releasees and/or insurer.

            The claimant(s) further warrants that I/we have not filed a petition of bankruptcy with the United States Bankruptcy Court nor am/are I/we a party to a bankruptcy proceeding at the time of the signing of this release.

            I/We further state that the foregoing limited release has been carefully read and I/we know the contents thereof and have signed the same as my/our own free act and have not been influenced in making this settlement by any representation of the party or parties released.

Executed at ________________________, this______day of _________________, 2008.

WITNESSES:                                                           CAUTION: READ BEFORE SIGNING


_______________________________              ______________________________
Signature                                                                   Legal Signature

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.
★★★★★
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
★★★★★