A rear-end collision on Loganville Highway in Barrow County left our client dealing with ongoing neck, back, and shoulder pain—and a complicated insurance situation. The at-fault driver had no liability insurance, forcing him to make an uninsured motorist claim. When our client’s own insurance company tried to deny coverage based on late notice of the claim, we challenged that position and secured the full $50,000 policy limits.
Case Summary
- Settlement: $50,000 Uninsured Motorist Coverage Policy Limit Settlement
- Location: Loganville Highway, Barrow County, Georgia
- At-Fault Driver: Uninsured
- Medical Bills: $35,187 in medical bills
- Injuries: Neck and lower back injuries with radiating pain, shoulder injuries, and right foot numbness consistent with nerve involvement
- Key Issue: Insurance company attempted to deny coverage based on late UM notice
- Result: Full $50,000 uninsured motorist policy limits recovered
What Happened in the Barrow County Car Accident
This crash occurred at the intersection of Highway 316 and Highway 81 / Loganville Highway in Barrow County.
Our client was stopped at a red light on Highway 81 when he was rear-ended by the at-fault driver. The crash did over $9,000 in damage to our client’s car and his neck and back began hurting shortly after the wreck.
The Insurance Problem: No Liability Coverage
After the crash, it became clear that the at-fault driver had no liability insurance coverage. The driver had borrowed it from the owner. While the owner had insurance, the policy only covered the owner and excluded other drivers. Based on this, the insurance company denied the claim outright.
That meant the only available recovery was through our client’s own uninsured motorist (UM) coverage.
Injuries and Medical Treatment
Following the crash, our client developed:
- Neck pain and stiffness
- Lower back pain with radiating symptoms
- Shoulder pain
- Numbness in the right foot
Treatment included:
- Urgent care evaluation and imaging
- Treatment with orthopedist
- Months of physical therapy
- Epidural and cervical spinal injections to manage pain
- MRI imaging of the cervical and lumbar spine
The Uninsured Motorist Claim
Because the at-fault driver had no insurance, we pursued a claim under the client’s UM policy.
UM claims are not automatic. Even though it’s your own policy, the insurance company still evaluates and sometimes disputes the claim.
Here, the insurance company raised a significant defense.
The Insurance Company’s Denial: Late Notice of the UM Claim
Our client did not know that his insurance policy required notice to the UM carrier after a crash.
When he made a claim, his insurance company attempted to deny coverage based on late notice of the accident.
This is a common defense in Georgia UM cases.
How We Overcame the UM Notice Defense
The insurance company’s denial depended on whether the policy made notice a “condition precedent” to coverage. If it did, the insurance company could deny coverage. If it did not, the insurance company had to prove prejudice – that it was somehow disadvantaged or handicapped in defending the claim.
Our client’s policy did not clearly make notice a “condition precedent” to coverage. Given that, the insurance company had to prove prejudice from the late notice – which it could not do.
Result: $50,000 Policy Limits Settlement
The insurance company filed a motion to dismiss the case based on late notice. We opposed the motion and defeated that defense. After that, the insurance company agreed to pay its $50,000 uninsured motorist policy limits.
Frequently Asked Questions
What is uninsured motorist (UM) coverage?
UM coverage applies when the at-fault driver has no insurance or not enough insurance to cover your damages. It allows you to recover under your own policy.
Are there different types of UM coverage?
Yes. There are two types of UM coverage, add-on/stacking and reduced-by.
Add-on UM coverage stacks on top of the other driver’s insurance coverage to provide additional coverage to make a claim against.
Here’s an example:
- The at-fault driver has $25,000 in liability coverage. You have $25,000 in add-on UM coverage. Your UM coverage stacks on top of the other driver’s coverage for a total of $50,000 in coverage.
Reduced-by UM coverage is reduced by the at-fault driver’s liability insurance coverage.
Here are two examples:
- The at-fault driver has $25,000 in liability coverage. You have $25,000 in reduced-by UM coverage. Your UM coverage is reduced by the other driver’s $25,000 in coverage to $0, leaving you no UM coverage to make a claim against.
- The at-fault driver has $25,000 in liability coverage. You have $50,000 in reduced-by UM coverage. Your UM coverage is reduced by the other driver’s $25,000 in coverage to $25,000. There is a total of $50,000 in coverage to make a claim against, the other driver’s $25,000 in insurance and your $25,000 in UM coverage.
Do I have to notify my UM insurance after a crash?
Yes. Your insurance policy requires you to give notice. However:
- Late notice does not automatically void coverage
- The insurance company often must prove it was prejudiced by the delay
This is a technical legal issue that can determine whether coverage applies.