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Georgia Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: Can my home owners policy be cancelled if it’s an open claim?

I provided a new form of payment method to cover the payment via their portal. Their portal did not update to reflect the cc on file and yet my payment was not paid due to their portal error. They refuse to correct this issue. Now I am being penalized for their negligent!

Tim Akpinar
Tim Akpinar
answered on Oct 14, 2023

A Georgia attorney could advise best, but your question remains open for a week. An attorney may want to examine the matter in more detail, in terms of the set-up of the portal, your actions, their actions, and other possible factors. You could try to arrange a free initial consult with a local... View More

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: Storm caused damage. Filed claim. Insurance company has only sent really small checks less than 5% total.

I haven't cashed any of them. They won't return my calls. What recourse do I have. I have paid my premiums for years on time. Any advice appreciated.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2023

A Georgia attorney could advise best, but your question remains open for a week. It sounds like you were not presented with a clear-cut denial, but instead are being paid in a manner inconsistent with your assessment of damages. One option is to consult with an attorney to outline your best and... View More

2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

James Clifton
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James Clifton
answered on Jul 26, 2023

The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... View More

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2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on... View More

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1 Answer | Asked in Insurance Bad Faith and Contracts for Georgia on
Q: What type of lawyer do I need to look for for suing an insurance company that is not my own?

An Insurance company is refusing to reimburse me for a rental car that I used why my vehicle was being repaired after being involved in an accident that was caused by there insured driver. They have only reimbursed me about a third of what the total cost is and refuse to tell me why they wont... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2023

A Georgia attorney could advise best, but your question remains open for a week. An accident or civil litigation attorney should be able to handle something like this. As for the carrier's position on low reimbursement, additional information is needed. If they don't agree with you on the... View More

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: Can alife insurance company close a death benefit claim if the person who died didn't have a will or power of attorney

Hospital had no one listed as power of attorney

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. The policy probably had a named beneficiary. One option is to try to arrange a free initial consult to review the policy with a Georgia attorney who works with life insurance matters. Good luck

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: If I cancel my insurance policy in the middle of the month, can they run my policy with the new and keep the money

I purchased car insurance with Allstate. My rate changed from $464.39 to $928.29. I cancel the policy on Feb 27 2023 leaving 13-15 days on my policy. I was refunded $97 for discounts, but I was not refunded the policy balance amount. They ran my old policy currently with my new policy and did not... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could ask them to look into it to issue a refund - in many of these settings, it's an oversight that carriers will correct. If there are additional details, an attorney could offer more insight after seeing... View More

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: Insurance agent took my bank information/ took money out of my account/Do I have a legal suit?

Agent only applied some of down payment to ins. payment when I added another car. I notified Primary insurance company and they have opened an investigation and asked me to send documentation. Agent told me that I could not give debit card info and she needed banking route# and acct # to set up... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. It might be necessary to coordinate between the carrier and bank personnel to eventually reconcile the figures. It's difficult to comment on reason for partial payment without looking at the records in detail... View More

1 Answer | Asked in Consumer Law and Insurance Bad Faith for Georgia on
Q: I want to know if I can sue an insurance agent for stealing money from my checking account.
Tim Akpinar
Tim Akpinar
answered on Jul 9, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could, but if this was involving a direct electronic payment, it's sometimes possible that there could be misunderstandings with amounts at the start. An attorney could advise more definitively with... View More

1 Answer | Asked in Insurance Bad Faith for Georgia on
Q: Is there a ga code for business owners to keep their property free of danger and negligence on their part

Example, business owner catches property on fire while charging a performance golf cart. Several vehicles he allowed to be stored on his property were significantly damaged.

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, most places don't legislate being free of negligence, etc. Statutes tend to be more specific toward certain safety practices. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: As an "at will" independent contractor, is my courier service supposed to provide commercial insurance?

Alternatively, are they supposed to tell me that I need it?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 18, 2022

More information is needed to properly respond to this question, however they certainly should let you know whether or not you need to have your own separate insurance as a condition of their utilizing your services. Good luck.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a life insurance company refuse to pay a benefit if the policy was in effect at the time of death

The ins.co has said payments had lapsed but was reinstated and paid up at time of death. But also are claiming that they were given false information about the facts of deceased health. The policy was over 7yrs old and the person who was handling finance issues was not beneficiary.

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. The short answer is yes, they can deny a claim. And there can sometimes be worthwhile grounds on which to challenge a denial. Not to evade a simple answer here, but a Georgia attorney who handles litigation of life... View More

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -

Section d.. I need more clarity about the unnamed party..

It’s almost 60 days no response and liability was already accepted 100%.

Michael W. Horst
Michael W. Horst
answered on Dec 5, 2021

Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.

In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Do I have to provide the defendant with my evidence when they’re served?

I filed a claim online against an insurance company, and provided evidence with my claim. The claim was accepted and now I’m seeking a process server to serve the register agent of this business.

My question is when I have the person served do I have to also provide them with the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2021

Why don't you have a lawyer representing you? Is this a case of supposed no insurance by the at fault driver?

1 Answer | Asked in Consumer Law, Contracts and Insurance Bad Faith for Georgia on
Q: Is a carshield repair contract considered insurance in the state of Ga? If not does the state regulate them?

Ok. Apparently the question wasn't clear to some people. It isn't a question of is it auto insurance. If is a question of is that contract legally considered insurance against mechanical failures(I have heard the term "policy" used and they have "adjusters")? Also... View More

Cory D. Raines
Cory D. Raines
answered on Aug 19, 2021

CarShield offers protection plans and warranties to their members and is not insurance. Their coverage extends to only to automobile repairs. Although having CarShield may be a good thing, it does not provide coverage for injuries damage caused by accidents. Therefore you should have insurance.... View More

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a lawyer request this from an employer, without any specific reason given?

Can a lawyer ask for your insurance coverages without specific reason given? He has a client that was injured on a job site. The lawyer sent this out to over 24 companies. Nobody has heard of this person. There weren’t any injury reports for any trades on that job.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. From your description, it's possible the lawyer did an intake interview with an injury claimant but was unable to ascertain details as to property owner or applicable insurance. If they're doing this to... View More

2 Answers | Asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia on
Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time... View More

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2021

They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

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1 Answer | Asked in Insurance Bad Faith and Car Accidents for Georgia on
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... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

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....
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1 Answer | Asked in Civil Litigation, Small Claims and Insurance Bad Faith for Georgia on
Q: How can I collect my small claims settlement properly?

How can I collect my small claims settlement properly? This was a from a car accident in 2019 was put on continuance due to my being ill and then the courts were closed due to COVID19.

I won my case in court (finally) and have not heard from the defendant's insurance company or lawyer... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 28, 2021

Congratulations on your success in Magistrate Court. Winning is one thing. Collecting is another. Unfortunately, you have found this to be the situation in your case. Worse, there is no way at all any of us can provide any assistance to you. We always have to adapt our actions to the needs of... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Divorce for Georgia on
Q: We have a court order stating my ex is required to provide insurance for our kids. He quit his job-lost kids insurance.

He lives in Ky, I live in GA. He says he has to use my income to get our kids Medicaid and put it in my name, but he would pay premium. Is this considered him providing insurance for kids?

Note: he’s failed to abide by the court order in all terms.

Should I just file contempt... View More

Homer P Jordan IV
Homer P Jordan IV
answered on May 27, 2021

If he’s not following court orders then you should file for contempt. Consult with an attorney who can help you address these issues legally.

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