Decatur, GA asked in Personal Injury and Civil Litigation for Georgia

Q: Procedural question O.C.G.A. 33-7-11.

Serve the uninsured/underinsured insurance carrier as though the were a named defendant. Create a summons in the name of the insurance company while leaving them unmentioned in the complaint. They can answer in the name of the driver, owner, or both or in their own name. By answering in their own name they assume the role of a named party defendant and are held by the same rules and procedures as any other defendant. Amend the complaint to include them as a named defendant and establishing them as the uninsured/underinsured motorist carrier for the plaintiff?

1 Lawyer Answer
James Clifton
James Clifton
  • Fayetteville, GA
  • Licensed in Georgia

A: You would not need to amend the complaint, as the insurance company has entered the case as a matter of right under the law to defend itself and its insured. Unless the insurance company denies that the named defendant is insured by them, the insurance company will typically admit or stipulate to that fact. If the insurance company denies that the named defendant is a covered party, amending the complaint to add the insurance company as a named party will not change that.

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