Return to Videos

A Breakdown of O.C.G.A. 33-9-40

O.C.G.A. Section 33-9-40 is a Georgia law that protects non at-fault drivers after a car accident. This law encourages non at-fault drivers to open a claim with their own insurance carrier for several important reasons:

1. Immediate Assistance: O.C.G.A. Section 33-9-40 allows non at-fault drivers to seek immediate assistance from their own insurance company, even if the at-fault driver's insurance should ultimately cover the costs. This means you don't have to wait for the at-fault driver's insurance to process your claim.
2. Prompt Repairs and Medical Care: Opening a claim with your own insurance company can help you get your vehicle repaired and receive necessary medical treatment quickly. This is crucial for your well-being and getting back on the road.
3. Avoiding Delays: Waiting for the at-fault driver's insurance to accept liability and process your claim can lead to delays. By opening a claim with your own insurer, you can avoid these delays and ensure your immediate needs are met.
4. Recovery of Deductibles: If you have collision or uninsured/underinsured motorist coverage, your insurance company may cover your expenses, including deductibles. This can save you out-of-pocket expenses.
5. Subrogation: O.C.G.A. Section 33-9-40 allows your insurance company to seek reimbursement from the at-fault driver's insurance once liability is determined. This means your insurance company can pursue the at-fault driver's insurer for the expenses they paid on your behalf.
6. Peace of Mind: Knowing that your own insurance company is handling your claim can provide peace of mind during a stressful time. You have an advocate working on your behalf to ensure your rights are protected.

In summary, O.C.G.A. Section 33-9-40 in Georgia is a protective law that encourages non at-fault drivers to open a claim with their own insurance carrier after a car accident. Doing so can provide immediate assistance, expedite repairs and medical care, avoid delays, and potentially lead to the recovery of deductibles. It's a practical and efficient way to ensure your needs are met while the legal process determines liability and fault for the accident.