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2018 Georgia Code 33-34-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-34-1 Case Law from Google Scholar Amendments to OCGA 33-34-1

TITLE 33 INSURANCE

Section 34. Motor Vehicle Accident Reparations, 33-34-1 through 33-34-9.

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-34-1. Short title.

This chapter shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act."

(Code 1981, §33-34-1, enacted by Ga. L. 1991, p. 1608, § 1.12.)

JUDICIAL DECISIONS

Repeal of the No-Fault Act, effective October 1, 1991, did not affect the defendant's right to have the verdict reduced by the amount of the basic no-fault benefits received by the plaintiff. Walker v. Willis, 210 Ga. App. 139, 435 S.E.2d 621 (1993).

Repeal of O.C.G.A. § 33-34-3 which provided a right of subrogation to recover no-fault benefits paid in certain circumstances did not extinguish those subrogation rights with respect to cases in which the collision occurred prior to repeal of the statute even though the subrogation suit was not brought until after the repeal. Fire & Cas. Ins. Co. v. GEIC, 213 Ga. App. 532, 445 S.E.2d 338 (1994).

Post-accident repeal of former § 33-34-9, providing that the plaintiff could not recover against a tortfeasor damages for which minimum, mandatory no-fault compensation was available, was not retroactively applicable so as to deprive an automobile accident defendant of limitation on liability. Glover v. Colbert, 210 Ga. App. 666, 437 S.E.2d 363 (1993).

ADVISORY OPINIONS OF THE STATE BAR

Contingency fees.

- Benefits paid under PIP coverage are assured; thus, the taking of a contingency fee for the filling out of routine, undisputed PIP claim forms is unreasonable and a violation of the Rules of the State Bar of Georgia. An attorney may charge a reasonable fee for the attorney's time spent in processing a PIP claim. Adv. Op. No. 84-37 (January 20, 1984).

In those unusual circumstances when the payment of PIP benefits is not assured, the State Disciplinary Board does not prohibit contingency fees in general. However, the attorney should examine the factors set out in DR 2-106(B) to determine whether a contingent fee arrangement would be reasonable. Adv. Op. No. 84-37 (January 20, 1984).

RESEARCH REFERENCES

ALR.

- Automobile liability insurance policy as covering, in the absence of specific exclusion, personal injury to or death of, or loss sustained by, named or additional insured, 15 A.L.R.3d 711.

Validity, construction, and application of "named driver exclusion" in automobile insurance policy, 33 A.L.R.5th 121.

Conflict of laws in determination of coverage under automobile liability insurance policy, 110 A.L.R.5th 465.

Cases Citing O.C.G.A. § 33-34-1

Total Results: 20  |  Sort by: Relevance  |  Newest First

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Merritt v. State, 292 Ga. 327 (Ga. 2013).

Cited 53 times | Published | Supreme Court of Georgia | Jan 22, 2013 | 737 S.E.2d 673, 2013 Fulton County D. Rep. 111

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Wright v. State, 677 S.E.2d 82 (Ga. 2009).

Cited 38 times | Published | Supreme Court of Georgia | Apr 28, 2009 | 285 Ga. 428, 2009 Fulton County D. Rep. 1505

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Allstate Ins. v. Klein, 422 S.E.2d 863 (Ga. 1992).

Cited 29 times | Published | Supreme Court of Georgia | Dec 3, 1992 | 262 Ga. 599, 92 Fulton County D. Rep. 3094

...The car was insured by Allstate, under a policy issued in New Jersey. On August 10, 1990, Klein sued Allstate in Glynn County, Georgia, *600 complaining that Allstate refused to pay insurance benefits due him under the Georgia Motor Vehicle Accident Reparations (No-Fault) Act (OCGA § 33-34-1 et seq.) for the injuries he sustained in the collision....
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Colzie v. State, 710 S.E.2d 115 (Ga. 2011).

Cited 27 times | Published | Supreme Court of Georgia | Apr 18, 2011 | 289 Ga. 120, 2011 Fulton County D. Rep. 1297

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Cotton States Mut. Ins. v. Starnes, 392 S.E.2d 3 (Ga. 1990).

Cited 22 times | Published | Supreme Court of Georgia | Jun 7, 1990 | 260 Ga. 235

...335, 337 (329 SE2d 136) (1985), the Court briefly set forth the policy considerations of Georgia's automobile insurance laws. The Court noted that prior to the General Assembly's enactment of the Motor Vehicle Accident Reparations Act, 1974 Ga. L. 113 (codified as amended at OCGA §§ 33-34-1 to -17), liability insurance and uninsured motorist protection were "for the benefit of the insured, not the driver of a vehicle struck by the insured." 254 Ga....
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Stanfield v. Glynn Cnty., 631 S.E.2d 374 (Ga. 2006).

Cited 21 times | Published | Supreme Court of Georgia | Jun 12, 2006 | 280 Ga. 785

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Adams v. State, 521 S.E.2d 575 (Ga. 1999).

Cited 20 times | Published | Supreme Court of Georgia | Sep 20, 1999 | 271 Ga. 485, 99 Fulton County D. Rep. 3481

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Googe v. Florida Int'l Indem. Co., 422 S.E.2d 552 (Ga. 1992).

Cited 18 times | Published | Supreme Court of Georgia | Nov 19, 1992 | 262 Ga. 546, 92 Fulton County D. Rep. 2869

...gligent operation of county school buses (OCGA §§ 20-2-1090 and 20-2-1092). [6] Cotton States Mut. Ins. Co. v. Starnes, 260 Ga. 235 (392 SE2d 3) (1990) which discussed the effect of the passage of the Motor Vehicle Accident Reparations Act (OCGA §§ 33-34-1 to 33-34-17)....
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Thrift v. State, 852 S.E.2d 560 (Ga. 2020).

Cited 17 times | Published | Supreme Court of Georgia | Dec 7, 2020 | 310 Ga. 499

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Hinton v. Interstate Guar. Ins., 480 S.E.2d 842 (Ga. 1997).

Cited 17 times | Published | Supreme Court of Georgia | Feb 24, 1997 | 267 Ga. 516, 97 Fulton County D. Rep. 599

...Given that many motorcycles are designed to be driven primarily on the public highways and present a daily risk to other motorists, and given that motorcycles are themselves required by OCGA § 40-6-11 to be covered by the same insurance required for "motor vehicles" under OCGA § 33-34-1 et seq., it would be absurd to construe the term "motor vehicle" in the uninsured motorist statute so as to exclude motorcycles....
...y enters the legislative realm without authority. Accordingly, I respectfully dissent. NOTES [1] 220 Ga.App. 699, 702, 470 S.E.2d 292 (1996). [2] OCGA § 33-7-11. [3] Hinton v. Interstate Guaranty Ins. Co., 220 Ga. App. 699, 470 S.E.2d 292. [4] OCGA § 33-34-1 to OCGA § 33-34-8....
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Weaver v. State, 705 S.E.2d 627 (Ga. 2011).

Cited 16 times | Published | Supreme Court of Georgia | Feb 7, 2011 | 288 Ga. 540, 2011 Fulton County D. Rep. 218

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Collins v. Int'l Indem. Co., 349 S.E.2d 697 (Ga. 1986).

Cited 12 times | Published | Supreme Court of Georgia | Nov 4, 1986 | 256 Ga. 493

...Collins was dead at the scene of the accident. Hendry survived but *494 was unable to remember the accident. Collins' estate sued Lovett's insurer, International Indemnity Company, claiming no-fault benefits under the Georgia Motor Vehicle Accident Reparations Act. OCGA § 33-34-1 et seq....
...Co., 177 Ga. App. 204 (338 SE2d 687) (1985), and Cole v. Allstate Ins. Co., 173 Ga. App. 454 (326 SE2d 817) (1985), dictated a different result. It contends that even if Lovett's car did strike Collins, International Indemnity is not liable under OCGA § 33-34-1 et seq., because Lovett's car was not the propelling vehicle....
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Hood v. State, 860 S.E.2d 432 (Ga. 2021).

Cited 11 times | Published | Supreme Court of Georgia | Jun 21, 2021 | 311 Ga. 855

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Palmer v. State, 507 S.E.2d 755 (Ga. 1998).

Cited 11 times | Published | Supreme Court of Georgia | Nov 23, 1998 | 270 Ga. 278, 98 Fulton County D. Rep. 3979

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Allstate Ins. v. Bohannon, 365 S.E.2d 838 (Ga. 1988).

Cited 6 times | Published | Supreme Court of Georgia | Mar 18, 1988 | 258 Ga. 131

...a contract-by-contract basis. [6] 2. We have limited the answer to the certified question to the strict confines of the question itself. Nothing in the answer should be construed as addressing any other issues with respect to entitlements under OCGA § 33-34-1 et seq., or other provisions of Georgia law....
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Mercer v. Johnson, 818 S.E.2d 246 (Ga. 2018).

Cited 3 times | Published | Supreme Court of Georgia | Aug 14, 2018 | 304 Ga. 219

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Jenkins v. State, 272 Ga. 250 (Ga. 2000).

Cited 3 times | Published | Supreme Court of Georgia | Feb 28, 2000 | 527 S.E.2d 192, 2000 Fulton County D. Rep. 834

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Denison v. Allstate Indem. Co., 258 Ga. 269 (Ga. 1988).

Cited 3 times | Published | Supreme Court of Georgia | May 12, 1988 | 367 S.E.2d 801

...en peanut can. This device produced the carbon monoxide which caused his death. Allstate sued for a declaration that it was not liable to Denison under its insurance policy issued pursuant to the Georgia Motor Vehicle Accident Reparations Act. OCGA § 33-34-1 et seq....
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Mercer v. Johnson, Warden, 304 Ga. 219 (Ga. 2018).

Published | Supreme Court of Georgia | Aug 14, 2018

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Butler v. State, 263 Ga. 75 (Ga. 1993).

Published | Supreme Court of Georgia | Apr 19, 1993 | 428 S.E.2d 346, 93 Fulton County D. Rep. 1681