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O.C.G.A. § 40-9-36 — Amount of security; designation of persons for whom deposit made; reduction or increase in amount | Georgia Code
O.C.G.A. § 40-9-36 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 9. Reporting Accidents; Giving Proof of Financial Responsibility, 40-9-1 through 40-9-103.

ARTICLE 2 REPORTING ACCIDENTS; GIVING SECURITY FOR DAMAGES

40-9-36. Amount of security; designation of persons for whom deposit made; reduction or increase in amount.

  1. The security under this chapter shall be in such amount as the department may require, but in no case in excess of the limits specified in subsection (a) of Code Section 40-9-37. Every depositor of security shall designate in writing every person on whose behalf the deposit is made and may at any time change such designation, in writing, to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
  2. The department may, upon written notice to all parties involved, reduce or increase the amount of security ordered in any case within six months after the date of the accident if in its judgment the amount ordered is excessive or inadequate. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned to the depositor or his personal representative.

(Ga. L. 1951, p. 565, § 9; Ga. L. 1956, p. 543, § 17; Ga. L. 1963, p. 593, § 6; Code 1933, § 68C-307, enacted by Ga. L. 1977, p. 1014, § 1.)

JUDICIAL DECISIONS

Cited in Fox v. Stanish, 150 Ga. App. 537, 258 S.E.2d 190 (1979); Commercial Union Ins. Co. v. Insurance Co. of N. Am., 155 Ga. App. 786, 273 S.E.2d 24 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7 Am. Jur. 2d, Automobile Insurance, § 27. 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 168, 169.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 286 et seq.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 40 in the context of Georgia traffic and automobile accident law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.