Christopher J. Palazzola Personal Injury Law Blog on Lawyers.com

Changes in Georgia Accident Litigation

Thursday, October 29, 2009 by Christopher J. Palazzola

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The laws covering vehicle accidents and any resulting litigation vary by state and locality. For that reason it's extremely difficult for the average motorist to stay current with all relevant statutes, even though not doing so can negatively impact your bottom line.

In 2008, the Georgia legislature passed SB276, which allows uninsured motorist (UM) to "stack" coverage, in effect, broadening the definition of "uninsured motor vehicle." As a result, as of January 1, 2009, non-negligent drivers or passengers injured in a car or truck accident are covered by the at-fault driver's automobile policy in addition to the total amount of any UM coverage those victims have purchased under their own policies.

Meanwhile, tort reform backed by Georgia Governor Sonny Perdue has not fared so well. The Governor recommended reform designed to prevent seemingly frivolous accident lawsuits in Atlanta or other areas in Georgia. In his proposed legislation (termed "loser pays"), a victim whose lawsuit is dismissed at the earliest stage of the case would be required to pay the legal fees of the defendant. Substitute legislation, subsequently passed by the Georgia Senate, eliminated the loser-pays wording, instead focusing on the civil case discovery process.

When politicians, insurance companies, and other interested (and often well-heeled) parties come together, the best interests of the driving public may not always win out.

Provided courtesy of the Palazzola Law Firm, P.C., Atlanta accident lawyers:

4300 Buford Highway, Suite 204
Atlanta, Georgia 30345
Phone: 888-393-3144
 
Posted at 16:11 PM
Topic: Personal Injury
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