STATE LAW – GEORGIA LIBRARY – GUIDE 12
Georgia Third-Party Failure to Settle & Excess Exposure
Georgia motor-vehicle settlement demands are governed in important part by O.C.G.A. § 9-11-67.1. The statute prescribes material terms, timing, delivery and response rules for attorney-assisted settlement offers made before all named defendants have answered.
- Qualifying demands must be in writing and generally allow at least 30 days for acceptance.
- The statute specifies material terms including amount, releasees, release type and claims, payment timing, and—if required—a sworn insurance-disclosure statement.
- Recipients may seek written clarification without necessarily making a counteroffer.
- Current § 9-11-67.1 also limits civil actions based on alleged failure to settle when the recipient timely complies with the statute’s acceptance-and-payment framework.
Current-law review: September 16, 2026. The statute was materially revised effective July 1, 2024.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Official Georgia sources
Georgia General Assembly · Georgia Office of Commissioner of Insurance · Supreme Court of Georgia