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2018 Georgia Code 33-34-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-34-2 Case Law from Google Scholar Amendments to OCGA 33-34-2

TITLE 33 INSURANCE

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

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-34-2. Definitions.

As used in this chapter, the term:

  1. "Medical payments coverage" includes any coverage in which the insurer agrees to reimburse the insured and others for reasonable and necessary medical expenses and funeral expenses incurred as a result of bodily injury or death caused by a motor vehicle accident, without regard to the insured's liability for the accident. Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle. Expenses must be incurred for services rendered within three years from the date of the accident; provided, however, that nothing shall prevent an insurer from allowing a longer period of time. Any rule or regulation promulgated which expands or conflicts with this definition shall be null and void.
  2. "Motor vehicle" means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle and also includes without limitation a low-speed vehicle.
  3. "Owner" means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee.
  4. "Self-insurer" means any owner who has on file with the Commissioner of Insurance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter.

(Code 1981, §33-34-2, enacted by Ga. L. 1991, p. 1608, § 1.12; Ga. L. 1997, p. 683, § 4; Ga. L. 2002, p. 512, § 1.)

Law reviews.

- For article, "No-Fault Automobile Insurance In Georgia: Is Revision in Order?", see 27 Ga. St. B.J. 68 (1990).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 33-34-2, and Ga. L. 1975, p. 1207, §§ 1, 2, are included in the annotations for this Code section.

Farm tractor was "motor vehicle" based on uninsured motorist statute.

- Farm tractor towing a mobile home on a county road was a "motor vehicle" for purposes of the uninsured motorist statute, O.C.G.A. § 33-7-11. Hinton v. Interstate Guar. Ins. Co., 267 Ga. 516, 480 S.E.2d 842 (1997).

Ownership upon delivery even without compliance with recording and insurance statutes.

- When a seller had delivered possession of the automobile to the buyer and the transaction was complete as between them even though compliance had not yet been made with recording and insurance statutes, the buyer was the "owner" of the automobile, and the buyer alone, and not the seller or the seller's insurer, was liable to a third party for injuries sustained in an accident while the buyer was driving the automobile. American Mut. Fire Ins. Co. v. Cotton States Mut. Ins. Co., 149 Ga. App. 280, 253 S.E.2d 825 (1979) (decided under former Ga. L. 1975, p. 1202, §§ 1, 2).

Plan and certificate of self-insurance serves as substantial equivalent of an insurance "policy" for the purposes of O.C.G.A. § 33-7-11. Unless the plan of self-insurance submitted to the commissioner of public safety rejects the minimum uninsured motorist coverage in writing, such coverage will be implied as contained in the plan. Twyman v. Robinson, 255 Ga. 711, 342 S.E.2d 313 (1986).

"Self-insured" who complies with self-insurance law is not financially irresponsible but rather is meeting the state's required minimum, and the self-insurer does not become financially irresponsible just because it chooses the state-permitted option not to insure above the minimum. Nationwide Gen. Ins. Co. v. Parnham, 182 Ga. App. 823, 357 S.E.2d 139 (1987) (decided under former O.C.G.A. § 33-34-2).

Exclusion in a car rental agreement excluding liability coverage for violations of a use restriction pertaining to driving under the influence was invalid to the extent of the mandatory minimum liability coverage. Ryan v. Boyd, 911 F. Supp. 524 (M.D. Ga. 1996).

No-fault benefits denied for homicide following vehicular abduction.

- When the insured automobile was not used to murder the victim nor was the focus of the crime, but was simply used to transport the victim to another state, the use of the vehicle was too remote and attenuated to establish the required causal nexus, such that the spouse was not entitled to a survivor's no-fault benefits. USAA Property & Cas. Ins. Co. v. Wilbur, 207 Ga. App. 57, 427 S.E.2d 49 (1993).

Cited in Georgia Farm Bureau Mut. Ins. Co. v. Martin, 264 Ga. 347, 444 S.E.2d 739 (1994); Hewell v. Walton County, 292 Ga. App. 510, 664 S.E.2d 875 (2008).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1974, p. 113, § 2, are included in the annotations for this Code section.

Legislative intent regarding certification of self-insurers.

- Manifest legislative intent, as it appears in the definition of "self-insurer" and as a whole, is for the Department of Public Safety to certify as self-insurers only those owners who undertake to provide reparations on the same terms and conditions as an insurer. 1974 Op. Att'y Gen. No. 74-86 (decided under Ga. L. 1974, p. 113, § 2).

Self-insurers deemed regulated entities.

- Self-insurance funds for automobile liability are regulated entities for purposes of O.C.G.A. § 21-5-30.1. 1994 Op. Att'y Gen. No. 94-20.

RESEARCH REFERENCES

ALR.

- Motorcycle as within contract, statute, or ordinance in relation to motor cars, motor-driven cars, etc., 70 A.L.R. 1253.

Insurance against injuring property or person of third person as liability of indemnity insurance, 83 A.L.R. 677; 117 A.L.R. 239.

Trailers as affecting automobile insurance, 31 A.L.R.2d 298; 65 A.L.R.3d 804.

Meaning of "operate" or "being operated" within clause of automobile liability policy limiting its coverage, 51 A.L.R.2d 924.

Automobile insurance: when is a person "occupying" an automobile within meaning of medical payments provision, 42 A.L.R.3d 501.

What constitutes "commercial automobile" within exclusion from death or disability benefit provided by automobile policy, 66 A.L.R.3d 424.

Motorcycle as within automobile liability policy provision covering temporary or infrequent use of other automobiles, 66 A.L.R.3d 451.

Who is "named insured" within meaning of automobile insurance coverage, 91 A.L.R.3d 1280.

What constitutes "private passenger automobile" in insurance policy provisions defining risks covered or excepted, 11 A.L.R.4th 475.

Automobile insurance: what constitutes "occupying" under owned-vehicle exclusion on uninsured or underinsured motorist coverage of automobile insurance policy, 59 A.L.R.5th 191.

Cases Citing Georgia Code 33-34-2 From Courtlistener.com

Total Results: 20

WILLIAMS, CONGRESSWOMAN v. POWELL

Court: Supreme Court of Georgia | Date Filed: 2024-10-31

Snippet: Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33, 34 (2) (506 SE2d 113) (1998) (“When construing the Georgia

Franklin v. State

Court: Supreme Court of Georgia | Date Filed: 2018-02-05

Citation: 810 S.E.2d 118

Snippet: State's allegations. See Leach v. State , 259 Ga. 33, 34 (2), 376 S.E.2d 667 (1989) (rejecting the appellant's

Allen v. State

Court: Supreme Court of Georgia | Date Filed: 2015-03-27

Snippet: OCGA § 16-3-20 (6).”10 Gravitt v. State, 279 Ga. 33, 34 (2) (608 SE2d 202) (2005). See Tarvestad v. State

Allen v. State

Court: Supreme Court of Georgia | Date Filed: 2015-03-27

Citation: 296 Ga. 785, 770 S.E.2d 824, 2015 Ga. LEXIS 191

Snippet: Gravitt *792 v. State, 279 Ga. 33, 34 (2) (608 SE2d 202) (2005). See Tarvestad v

Hendricks v. State

Court: Supreme Court of Georgia | Date Filed: 2011-11-29

Citation: 290 Ga. 238, 719 S.E.2d 466, 2011 Fulton County D. Rep. 3852, 2011 Ga. LEXIS 945

Snippet: exculpatory or impeaching.” Vega v. State, 285 Ga. 32, 33-34 (2) (673 SE2d 223) (2009) (Citation and punctuation

Davenport v. State

Court: Supreme Court of Georgia | Date Filed: 2008-01-28

Citation: 656 S.E.2d 844, 283 Ga. 171, 2008 Fulton County D. Rep. 230, 2008 Ga. LEXIS 54

Snippet: 16-3-20 et seq.]" See Gravitt v. State, 279 Ga. 33, 34(2), 608 S.E.2d 202 (2005). Trial counsel testified

Morrison v. State

Court: Supreme Court of Georgia | Date Filed: 2000-02-14

Citation: 526 S.E.2d 336, 272 Ga. 129, 2000 Fulton County D. Rep. 593, 2000 Ga. LEXIS 91

Snippet: Chamblee Visuals v. City of Chamblee, 270 Ga. 33, 34(2), 506 S.E.2d 113 (1998). See also Sewell v. State

Hinton v. Interstate Guaranty Insurance

Court: Supreme Court of Georgia | Date Filed: 1997-02-24

Citation: 480 S.E.2d 842, 267 Ga. 516, 97 Fulton County D. Rep. 599, 1997 Ga. LEXIS 56

Snippet: meet the definition of “motor vehicle” in OCGA § 33-34-2 (1), which Code section sets forth the type of

Georgia Farm Bureau Mutual Insurance v. Martin

Court: Supreme Court of Georgia | Date Filed: 1994-06-27

Citation: 264 Ga. 347, 444 S.E.2d 739, 94 Fulton County D. Rep. 2214, 1994 Ga. LEXIS 473

Snippet: insured car with the permission of the owner. OCGA § 33-34-2 (5). As a result of the passage of compulsory insurance

Hubert v. Southern General Insurance

Court: Supreme Court of Georgia | Date Filed: 1991-05-10

Citation: 261 Ga. 227, 403 S.E.2d 802, 1991 Ga. LEXIS 211

Snippet: occupying an uninsured vehicle as provided by OCGA § 33-34-2 (5). The issue here is whether appellant is entitled

First Financial Insurance v. Rainey

Court: Supreme Court of Georgia | Date Filed: 1991-02-21

Citation: 401 S.E.2d 490, 261 Ga. 52, 1991 Ga. LEXIS 86

Snippet: as a vehicle within the contemplation of OCGA § 33-34-2(1) and (9), and whether the insurer may be liable

Cannon v. Lardner

Court: Supreme Court of Georgia | Date Filed: 1988-06-03

Citation: 368 S.E.2d 730, 258 Ga. 332, 1988 Ga. LEXIS 243

Snippet: statutory definition of "insured." (a) OCGA § 33-34-2 (5) provides: Insured means, in addition to the

Denison v. Allstate Indemnity Co.

Court: Supreme Court of Georgia | Date Filed: 1988-05-12

Citation: 258 Ga. 269, 367 S.E.2d 801, 1988 Ga. LEXIS 208

Snippet: under the act. For that, Allstate relied on OCGA § 33-34-2 (9) which provides in part, “ ‘(o)peration, maintenance

Smith v. Southeastern Fidelity Insurance

Court: Supreme Court of Georgia | Date Filed: 1988-02-25

Citation: 365 S.E.2d 105, 258 Ga. 15, 1988 Ga. LEXIS 140

Snippet: vehicle" as these terms are defined in OCGA § 33-34-2. Nevertheless, OCGA § 33-34-7 (a) (1) provides

Protective Insurance v. Johnson

Court: Supreme Court of Georgia | Date Filed: 1987-02-13

Citation: 352 S.E.2d 760, 256 Ga. 713, 1987 Ga. LEXIS 597

Snippet: into or alighting from the motor vehicle." OCGA § 33-34-2 (6) (8). "All policies of motor vehicle liability

Collins v. International Indemnity Co.

Court: Supreme Court of Georgia | Date Filed: 1986-11-04

Citation: 349 S.E.2d 697, 256 Ga. 493, 1986 Ga. LEXIS 888

Snippet: having more than three load-bearing wheels. OCGA § 33-34-2 (6). The statute does, however, afford protection

Twyman v. Robinson

Court: Supreme Court of Georgia | Date Filed: 1986-04-24

Citation: 342 S.E.2d 313, 255 Ga. 711, 1986 Ga. LEXIS 895

Snippet: statutes relate closely to this action. OCGA §§ 33-34-2 (12) and 40-9-101 set out the requirements for

United States v. Travelers Indemnity Co.

Court: Supreme Court of Georgia | Date Filed: 1984-09-26

Citation: 320 S.E.2d 164, 253 Ga. 328, 1984 Ga. LEXIS 927

Snippet: not an "insured" within the meaning of OCGA § 33-34-2 (5).[3] Further, OCGA § 33-34-6 (a) states, "Payments

Kelley v. Integon Indemnity Corp.

Court: Supreme Court of Georgia | Date Filed: 1984-09-06

Citation: 320 S.E.2d 526, 253 Ga. 269, 1984 Ga. LEXIS 897

Snippet: permission of the named insured or his spouse" OCGA § 33-34-2 (5). "`Occupying' means to be in or upon a motor

Metropolitan Atlanta Rapid Transit Authority v. Binns

Court: Supreme Court of Georgia | Date Filed: 1984-03-14

Citation: 313 S.E.2d 104, 252 Ga. 289, 1984 Ga. LEXIS 688

Snippet: requirements of this chapter ...." Under OCGA § 33-34-2 (12) (Code Ann. § 56-3402b) a "self-insurer" means