Q: What court in Georgia do I file bad faith against an insurance company?
I wasn’t driving my vehicle when it was in an accident, however the police report listed the driver of the other vehicle at fault. I put the property damage claim in with her insurance and in two days it was denied without any kind of investigation, I wrote a demand letter it was rejected. My insurance got involved they also declared the other driver at fault but because I only had State minimum they couldn’t cover my damages and then pursue her, the person driving my vehicle won his personal injury claim but the insurance is still refusing to pay my property claim, I also filed a smalls claims case against the at fault driver but the Marshall’s can’t find her at the address. I have read OCGA 33-4-7 and from what I am understanding my situation fits a bad faith claim if I’m wrong please tell me what my options are, and if I’m right please tell me what court do I file a bad faith claim in. Please do not tell me to speak to a bad faith attorney, I’ve already tried and they won’t help.
A: You file your bad faith claim in the court where you live or the court where the insurance company maintains an office.
You can file a complaint with the insurance commissioner.
If the sheriffs cant find the liable person you can in most states arrange for service by publication. Each state has its own requirements.
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