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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.

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