New Georgia Law Makes it More Difficult to Sue Insurers Directly After a Truck Accident

Before 2024, Georgia law gave victims of truck accidents a legal option that did not exist in most other states. Injured individuals were able to file lawsuits directly against insurance companies when a truck belonging to one of their policyholders caused a collision. These direct-action lawsuits proved useful for many plaintiffs because they did not have to sue the driver or trucking company first in order to obtain compensation for injuries and property damage. 

A law signed by Governor Kemp in 2024 changes that, however. Under the new standard, direct legal action against an insurer is only permitted in the following situations. 

• Inability to locate the driver or trucking company — Plaintiffs who are unable to find the vehicle operator or trucking company liable for the collision are still allowed to bring a claim against the insurer.
• Bankruptcy of the trucking company — Once a liable carrier has filed for bankruptcy, a truck accident victim can name the insurance company as the defendant in a lawsuit seeking damages. 

As the previous Georgia law often made the claims process faster and more lucrative for commercial vehicle accident victims, this change has been welcomed by the state’s trucking and insurance industries. Cases where the carrier disputes liability or is hard to find could be much more complicated now. 

Additionally, the law may affect the overall litigation strategy in many cases. Plaintiffs and their attorneys will need to investigate the accident thoroughly to ensure they exhaust all avenues for holding the driver or carrier accountable before turning to the insurer.

Given the complexities introduced by this law, it’s more important than ever for plaintiffs to work with an experienced attorney if they’ve been hurt in a truck accident. An attorney can help identify the liable parties, gather evidence and pursue compensation effectively within the bounds of Georgia law.

While the law changes the legal avenues available, it doesn’t eliminate the right to pursue justice and compensation for injuries caused by negligent truck drivers or carriers. Understanding your rights is the first step toward recovering what you deserve.

The Law Office of S. Mark Mitchell, LLC in Newnan advocates for victims of Georgia truck accidents and other types of vehicle collisions. Please call 470-344-8550 or contact me online to discuss your legal options if you’ve been in a crash.