If you were injured in a Georgia car accident caused by someone else, you may be entitled to compensation for your economic and non-economic damages. However, before filing a lawsuit, Georgia law often requires that you send what’s called a pre-suit settlement demand to the at-fault driver’s insurance company.
This step is governed by O.C.G.A. § 9-11-67.1, a statute that sets out specific rules for making a settlement demand after a motor vehicle accident. This law has also been updated multiple times in recent years, once in 2021 and again in 2024, making it especially important to stay up to date on what’s required.
What Is a Pre-Suit Demand Under O.C.G.A. § 9-11-67.1?
A pre-suit demand is a written offer that an injury victim (or their lawyer) sends to the at-fault party’s insurance company before filing a lawsuit. Its purpose is to give the insurance company a chance to settle the claim without going to court.
Under this statute, the demand must meet several requirements to be valid. It must, for example:
- Be made in writing
- Be sent by certified mail or another method that provides proof of delivery
- Include key details, such as the amount of money requested, the time limit for acceptance (at least 30 days, 40 days for payment delivery), and how payment should be made
- The letter must also clearly identify the claim, including the date of the crash, the parties involved, and any supporting documents like medical bills and repair estimates
If the insurance company fails to accept the demand in writing within the specified time, the victim can then proceed with a lawsuit.
What Should Be Included in a Georgia Auto Wreck Demand Letter?
A strong pre-suit demand letter should clearly explain what happened and why you are entitled to compensation. Typical contents include:
- A summary of how the crash occurred and who was at fault
- A detailed list of your injuries and medical treatments
- Copies of medical records, invoices, and proof of lost wages
- The total amount you are seeking in settlement
- A deadline for the insurance company to respond
The letter should be professional and fact-based. It’s not just about demanding money; it’s about presenting your case in a way that shows why the insurer should settle instead of going to trial.
Why You Should Have an Attorney Prepare Your Pre-Suit Demand
The pre-suit demand is a legal document governed by a specific statute that is constantly evolving, so it’s best to have a qualified personal injury lawyer prepare and send it on your behalf. Small mistakes in areas like wording and timing can potentially cause major setbacks for your claim.
Your lawyer can:
- Gather the necessary evidence to support your claim
- Ensure that your demand meets all statutory requirements
- Negotiate directly with the insurance company
- Advise you on whether a settlement offer is fair
- File a lawsuit if the insurer refuses to pay
Having a car accident lawyer handle this step helps you avoid procedural errors and ensures that your rights are fully protected under Georgia law.
Contact a Georgia Car Accident Lawyer for Help With Your Pre-Suit Demand
Navigating Georgia’s pre-suit demand requirements can be complex, especially when you’re focused on recovering from your injuries. A knowledgeable attorney can make sure your demand complies with O.C.G.A. § 9-11-67.1, giving you the best chance of obtaining a fair settlement.
If you were injured in a car accident in Georgia, contact Starks Byron, P.C. for a free consultation with a Kennesaw personal injury lawyer today.
For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation in Kennesaw, GA today.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710, Kennesaw, GA 30144
(404) 795 5115
