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Georgia Insurance Bad Faith Questions & Answers
2 Answers | Asked in Business Law, Insurance Bad Faith and Insurance Defense for Georgia on
Q: How to ensure life insurance communications go to the right beneficiary?

My daughter, who was raised by my late husband since she was 6 years old, was named as the beneficiary on his life insurance policy, even though he was not her biological father and never officially adopted her. After his passing on July 4, 2025, she handled all the arrangements, including the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2025

I'm sorry for the loss of your husband. This should be easy to straighten out. Contact the insurance company with a brief letter advising them of your daughter's current address and ask them to direct all further correspondence to her. They should have known that your daughter was a... View More

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3 Answers | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: Can I sue an insurance company for canceling my deceased mother's life insurance policy without notice?

My mother worked for a hospital where payments for life insurance were deducted from her paycheck for over 23 years. She passed away in 2017, and her insurance policy was canceled by the company shortly after she became sick, without any prior notification. We never received any documented changes... View More

Christian K. Lassen
Christian K. Lassen
answered on Jul 21, 2025

I'm very sorry for your loss. No family should have to deal with insurance complications while grieving, especially after decades of faithfully paid premiums. If your mother had life insurance coverage through her employer for over 23 years and the policy was canceled without clear notice... View More

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5 Answers | Asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for Georgia on
Q: Can I file an underinsured motorist claim after an accident in Georgia?

I was involved in an accident on September 3, 2024, where I was seriously injured, including suffering an AVM rupture which my neurologist says was a contributing factor from the accident. The at-fault driver did not have enough coverage, and I have underinsured motorist coverage. I notified my... View More

Kimberly Grant
Kimberly Grant
answered on Jun 17, 2025

Assuming the at-fault driver has tendered his limits and you signed a limited release with the driver, you should hire a lawyer sooner rather than later to pursue a UM claim with your insurance company, as they may try to argue that they did not receive timely notice of the accident.

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5 Answers | Asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for Georgia on
Q: Can I file an underinsured motorist claim after an accident in Georgia?

I was involved in an accident on September 3, 2024, where I was seriously injured, including suffering an AVM rupture which my neurologist says was a contributing factor from the accident. The at-fault driver did not have enough coverage, and I have underinsured motorist coverage. I notified my... View More

Michael W. Horst
Michael W. Horst
answered on Jun 17, 2025

Yes, assuming you have applicable uninsured motorist (UM) coverage, you may pursue a UM claim. I must warn you, however, that UM is one of the most complicated areas of personal injury law. One false step and you may inadvertently fall into a pitfall and thereby foreclose your ability to recover... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can I reinstate stopped long-term disability benefits after 24 months due to medical disagreement?

I was receiving long-term disability insurance through my former employer for 24 months, but the benefits stopped. The company, Lincoln Financial, claims that independent studies suggest there are other occupations I can perform, but my doctors and neurosurgeon disagree, stating I need lumbar... View More

Damon Miller
Damon Miller
answered on Apr 2, 2025

Yes, it is possible. It sounds like your policy is most likely governed by a federal law called "ERISA." It will depend on the language of the policy, but most long-term disability policies pay benefits for 24 months while you are disabled and unable to work in your own occupation. After... View More

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1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: Is this a bad gap ?

03/21 accident / 10 months physical therapy

01-22 cervical mri

02-22 lumbar & thoracic MRI

03-22 Emergency room visit for rectal prolapse.. I left because of fear and anxiety of the examination process.. filed for disability

04/24 disability hearing... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like you had around 10 months of physical therapy following the 3/21 accident. That's not problematic - it's typical. Cervical, lumbar, thoracic series in 1/22 and 2/22 - presumably that's... View More

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: When making a right hand turn if someone speeds around you and hits your passenger side shouldn't their insurance cover?

I was slowing to make a right hand turn into my driveway the kid behind me said he thought I was going left and was trying to go around. He hit my front fender and mirror (passenger side). We both have Allstate and they say I can either pay 40% of the damages to my vehicle and nothing on his or I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for almost two weeks. That defense is commonly raised in settings where the turning vehicle was far enough away from the direction of the turn to enable a vehicle to try to pass inside. You could challenge it, on your own or with... View More

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Q: My wife hit my parked car while I was in bed sleeping-Progressive has listed me as an active drive of my car and refuses

To Remove it from my record-driving my rate up more than it should be-the agent got angry at me because when she refused to file the claim in the beginning I had to speak to her boss who also got angry with me for trying to file the claim-so I guess they got even with me and they refuse to remove... View More

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A Georgia attorney could advise best, but your question remains open for a week. If the claim was reported, they made it part of the record - you could also try to learn how the claim will be treated. In some cases, carriers could deny on claims involving spouses or other family members. Good luck

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

T. Augustus Claus
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answered on Dec 29, 2023

If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance,... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

Tim Akpinar
Tim Akpinar
answered on Dec 31, 2023

You could exercise one of the options you list - contacting a lawyer. However, from what you describe, it sounds like a property damage-only claim. Those claims could be difficult to find contingency representation by an attorney. Your options include retaining a lawyer, handling it yourself in... View More

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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Business Law for Georgia on
Q: Is it insurance fraud if a contractor low bids and pockets the insurance difference?

As a condo owner, I'm concerned about potential insurance fraud. Our HOA is considering bids from a roofing contractor for a project. The insurance company has documented the projected payout for our claims. The contractor has an A+ BBB rating, but I couldn't find a current business... View More

James L. Arrasmith
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answered on Oct 30, 2025

You are right to be cautious in this situation because insurance-related construction work can raise serious legal and ethical issues. In general, if a contractor **bids lower than the insurance payout and keeps the remaining money without performing equivalent work or returning the difference**,... View More

1 Answer | Asked in Insurance Bad Faith and Public Benefits for Georgia on
Q: How long can I receive long-term disability insurance benefits after reinstatement, and can I receive both insurance and SSDI benefits?

I was receiving long-term disability insurance benefits, which were stopped after 24 months because the insurer said I didn't meet their requirement for being disabled and sent a list of jobs they thought I could do. I appealed this decision, and they reversed it, stating my benefits would be... View More

James L. Arrasmith
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answered on Oct 30, 2025

It’s a good sign that your appeal was successful and your long-term disability (LTD) benefits were reinstated. Generally, LTD benefits can continue until you reach the policy’s maximum duration — often until **age 65** or your **retirement age**, depending on the terms of your plan. Since... View More

1 Answer | Asked in Insurance Bad Faith, Social Security and Public Benefits for Georgia on
Q: How long can I receive both long-term disability and Social Security Disability benefits?

My long-term disability insurance was canceled but I filed an appeal which was decided in my favor, and the insurance was reinstated after 6 months. During this time, I started receiving Social Security Disability benefits, which began 3 months ago. I recently received confirmation that my... View More

James L. Arrasmith
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answered on Oct 29, 2025

You can receive long-term disability (LTD) and Social Security Disability Insurance (SSDI) at the same time, but most LTD policies offset what they pay by the amount of SSDI you receive. That means you still get both benefits, yet your LTD check typically gets reduced by your SSDI award and any... View More

3 Answers | Asked in Appeals / Appellate Law and Insurance Bad Faith for Georgia on
Q: I am a pro se litigant in Georgia and recently sent a motion asking the judge to amend his decision and filed a notive o

I am a pro se litigant in Georgia and recently sent a motion asking the judge to amend his decision granting the defendant summary judgment. This motion was based on a document the defendant claimed I never submitted; I have since submitted the signed and notarized document in question.... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 29, 2025

The filing of the Notice of Appeal creates a supersedeas and will prevent the trial judge from ruling on the Motion for Reconsideration you filed. Since the filing of a Motion for Reconsideration does not toll the period for filing a Notice of Appeal, you may choose to proceed with the Appeal... View More

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1 Answer | Asked in Consumer Law, Insurance Bad Faith and Civil Litigation for Georgia on
Q: Can I sue an insurance agent for lying on my application?

I am seeking legal advice regarding a situation with an insurance agent based in Georgia. The agent improperly filled out my insurance application, stating that my income was $500,000 to qualify me for a $300 monthly premium policy for my 5-year-old daughter. I only make around $40,000 a year, and... View More

James L. Arrasmith
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answered on Oct 27, 2025

You can pursue civil claims in Georgia against the agent and the agency for fraudulent inducement, negligent misrepresentation, and breach of fiduciary duty, and you can demand rescission with a full premium refund. Because an agent’s application misstatements are often imputed to the carrier... View More

1 Answer | Asked in Social Security, Insurance Bad Faith and Public Benefits for Georgia on
Q: Can long-term disability benefits be reinstated after SSD approval?

I was on long-term disability through my insurance carrier in Georgia, and they instructed me to apply for Social Security Disability (SSD). My long-term disability benefits ended while I was waiting for a decision. I've since been approved for SSD. During this time, there has been no contact... View More

James L. Arrasmith
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answered on Oct 27, 2025

Yes, you can seek reinstatement, but Social Security Disability approval does not automatically restart your long‑term disability payments. Your rights turn on the policy language and why the insurer stopped paying—most policies shift from an “own occupation” to an “any occupation”... View More

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: After I have filed a motion to amend the courts decision and a Notice of appeal in a civil case what is my next step?

After I have filed a motion to amend the courts decision and a Notice of appeal in a civil case what is my next step? The defendant has already filed a motion in opposition to an amendment of the courts decision and in opposition of my appeal so now should I respond to the defendant’s oppositions... View More

James L. Arrasmith
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answered on Oct 12, 2025

It sounds like you’re managing two overlapping procedures — your motion to amend in the trial court and your appeal in the higher court. When you file a **motion to amend or alter a judgment** (often called a Rule 59 motion), that motion keeps the trial court’s jurisdiction open until it’s... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Insurance Bad Faith for Georgia on
Q: What should I do after filing a motion and notice of appeal in a civil case after a summary judgment in Georgia?

In my civil case, the judge granted the defendant summary judgment, stating I did not submit a particular document to my insurance company within the 30-day limit. However, the document was notarized with the correct dates, and I later submitted it to the court. I filed a motion asking the judge to... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 4, 2025

Generally one must file the Notice of Appeal within 30 days of the Order being appealed. It is possible what you filed may contain the elements of a Notice of Appeal. Also if other claims are still pending in the case you may have additional time to file a Notice of Appeal.

Scott M. Stevens

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2 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for Georgia on
Q: Can I sue for negligence and pain and suffering after a cancer misdiagnosis at age 11?

I am considering suing my insurance company and healthcare provider for negligence and pain and suffering. When I was 11 years old in Georgia, they denied me an MRI and blood work, requiring me to complete 6 months of physical therapy first. My mother insisted on a transfer to another hospital, and... View More

Tim Akpinar
Tim Akpinar
answered on Sep 24, 2025

I'm sorry about your ordeal. If an attorney expressed interest in exploring your legal options here, they would want to take a closer look at your entire file, including the denial and the recourses offered (those are sometimes in fine print on the reverse sides of denials or EOBs). Try to... View More

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2 Answers | Asked in Personal Injury, Legal Malpractice and Insurance Bad Faith for Georgia on
Q: Options for expired personal injury case with attorney fraud and unauthorized representation.

I have a personal injury case where I was not at fault, yet the defense refused to settle and acted in bad faith. About four months ago, I received overwhelming evidence from a whistleblower indicating that my attorney committed fraud. An unauthorized attorney, whom I never signed a contract with... View More

Stephen Arnold Black
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answered on Jul 7, 2025

If you had lawyer representation on a valid and viable personal injury case, but the attorney’s handling it let the statute of limitations expire, then you would have a claim for legal malpractice.

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