O.C.G.A. § 51-1-32 (2019)

Annotations

Cross references. - Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1. Criminal penalties for homicide by vehicle and serious injury by vehicle, §§ 40-6-393, 40-6-394. Law reviews. - For article advocating moderate reform of auto accident compen-

sation system prior to Georgia’s adoption of the Georgia Motor Vehicle Accident Reparations Act, see 5 Ga. St. B. J. 321 (1969). For note discussing the family purpose car doctrine as an extension of the principle of respondeat superior, see 3 Ga. St. B. J. 112 (1966).

JUDICIAL DECISIONS Constitutionality of guest passenger rule. - Guest passenger rule, by creating a distinction between paying and nonpaying passengers, does not violate the equal protection clause of U.S. Const., amend. 14. Corey v. Jones, 650 F.2d 803 (5th Cir. 1981). Guest passenger rule is reasonably related to two legitimate purposes of the rule: fostering hospitality among vehicle operator and passengers and discouraging collusive lawsuits. Corey v. Jones, 650 F.2d 803 (5th Cir. 1981). Automobile guest passenger rule precludes nonpaying guest passenger from recovering damages for personal injuries sustained by the ordinary negligence of the owner or operator. Corey v. Jones, 650 F.2d 803 (5th Cir. 1981). Doctrines of res judicata and estoppel by judgment are inapplicable to cases arising from motor vehicle collisions in which personal injury claims and property damage claims are dealt with in separate actions. Childers v. F.A.F. Motor Cars, Inc., 171 Ga. App. 232, 319 S.E.2d 90 (1984).

Rule prohibiting assignment of personal injury actions unaffected. - O.C.G.A. § 51-1-32 is consistent with O.C.G.A. § 44-12-24 in distinguishing between property damage and personal injury claims, and in no way addresses or alters the rule prohibiting assignment of personal injury causes of action. GEICO v. Hirsh, 211 Ga. App. 374, 439 S.E.2d 59 (1993). Applicability. - When an insured brought a counterclaim for property damage against a tortfeasor but later withdrew it, the insurer could not seek to reassert that claim under O.C.G.A. § 51-1-32, allowing the splitting of personal injury and property damage claims, in a subsequent action, because the insured’s only claim was for property damage. Allstate Ins. Co. v. Welch, 259 Ga. App. 71, 576 S.E.2d 57 (2003). Cited in Coaxum v. Graham, 151 Ga. App. 75, 258 S.E.2d 740 (1979); American States Ins. Co. v. Walker, 223 Ga. App. 194, 477 S.E.2d 360 (1996).

RESEARCH REFERENCES Am. Jur. 2d. - 74 Am. Jur. 2d, Torts, § 64 et seq. C.J.S. - 1A C.J.S., Actions, §§ 122, 123. ALR. - Injury by road vehicle to person on sidewalk, 1 ALR 840; 75 ALR 559. Liability for injury to child playing on or in proximity to automobile, 1 ALR 1385; 44 ALR 434. Liability for damages by vehicle trailers, 3 ALR 618. Measure of damages for destruction of or injury to commercial vehicle, 4 ALR 1350; 169 ALR 1074. Liability of person transporting or conducting on highway an object which frightens horse, 5 ALR 940. Duty and liability to persons struck by automobile while crossing street at unusual place, or diagonally, 14 ALR 1176; 67 ALR 313. Automobiles; effect of defective brakes on liability for injury, 14 ALR 1339; 63 ALR 398; 170 ALR 611. Liability of guest for injury to third person due primarily to negligence of driver, 18 ALR 365. Automobiles: liability of owner or operator for injury to guest, 20 ALR 1014; 26 ALR 1425; 40 ALR 1338; 47 ALR 327; 51 ALR 581; 61 ALR 1252; 65 ALR 952. Personal care required of one riding in an automobile driven by another as affecting his right to recover against third persons, 22 ALR 1294; 41 ALR 767; 47 ALR 293; 63 ALR 1432; 90 ALR 984. Liability of street railway company for injury to person in ‘‘safety zone’’, 41 ALR 376. Liability of carrier for injury to passenger from car window, 45 ALR 1541. Liability for personal injuries by tractor, 48 ALR 939. Liability for injury to pedestrian struck by automobile as affected by his blindness, deafness, or other physical disability, 62 ALR 578. Liability of owner for negligence of one to whom car is loaned or hired, 68 ALR 1008; 100 ALR 920; 168 ALR 1364. Liability for injury to one riding on running board of automobile or other place outside body of car, 80 ALR 553; 104 ALR 312; 44 ALR2d 238.

Size or weight of automobile or load involved in accident as factor in determining responsibility, 85 ALR 1173. Violation of traffic regulation requiring one intending to turn left at intersection to approach in traffic lane nearest to center of street or highway, 87 ALR 1165. What conduct in driving automobile amounts to wantonness, wilfulness, or the like, precluding defense of contributory negligence, 92 ALR 1367; 119 ALR 654. Liability for injury to pedestrian struck by automobile while traveling along street or highway, 93 ALR 551. Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 104 ALR 312; 44 ALR2d 238. Liability of joint owners of automobile for injury or damage resulting from its operation, 109 ALR 124. Liability for damage or injury by skidding motor vehicle, 113 ALR 1002. Right or duty to turn in violation of law of road to avoid traveler or obstacle, 113 ALR 1328. Liability for injury to person or damage to property from stone or other object on surface of highway thrown by or from passing vehicle, 115 ALR 1498. Collision between automobiles on bridge or approach thereto, 118 ALR 1196. Liability of owner or one in charge of automobile for injury due to its condition, to one, other than his employee or bailee use, engaged in some service or operation in connection with it, 122 ALR 1023. Admissibility and weight of evidence as to condition of automobile or parts thereof after accident, on issue as to responsibility for accident, 129 ALR 438. Necessity and sufficiency, in complaint or declaration in action for injury or damage due to dangerous condition of automobile or other machine, of allegations as to particular defects, 129 ALR 1274. Stopping vehicle on traveled portion of highway as affecting responsibility for collision between vehicles, 131 ALR 562. Injury to guest of operator as within statutory or nonstatutory rule which makes owner of automobile liable for negligence of another operating the car with his consent, 131 ALR 891.

Liability for injury or damages resulting from traffic accident on highway involving vehicle in military service, 133 ALR 1298; 147 ALR 1431. Liability for injury to bicyclist while holding on to moving motor vehicle, 138 ALR 1127. Insurer’s right of subrogation against tort-feasor as affecting application of rule against splitting cause of action, 140 ALR 1241; 166 ALR 870. Damages on account of loss of earnings or impairment on earning capacity due to wife’s personal injury as recoverable by her or by her husband, 151 ALR 479. Res ipsa loquitur as applied to a collision between a moving automobile and a standing automobile or other vehicle, 151 ALR 876. Note: imputation of driver’s negligence to passenger, 163 ALR 697. Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or motorcycle or licensing of operation, 163 ALR 1375. Automobile owner’s common-law liability for negligence in entrusting car to known incompetent, reckless, or inexperienced person as affected by statute limiting owner’s liability to use within terms of consent, 163 ALR 1418. Negligence causing automobile accident as proximate cause of injury or death resulting from acts done or attempted with reference to person or property involved, 166 ALR 752. Rights and remedies incident to subrogation to one but not both elements of a single cause of action for injury to person and damage to property, 166 ALR 870. Common-law liability based on entrusting automobile to incompetent, reckless, or unlicensed driver, 168 ALR 1364. Effect of defective brakes on liability for injury, 170 ALR 611. Reciprocal duties of driver of automobile and bicyclist or motorcyclist, 172 ALR 736. Custom or practice of drivers of motor vehicles as affecting question of negligence, 172 ALR 1141; 77 ALR2d 1327. Duty as regards barriers for protection of automobile travel, 173 ALR 626. Overcoming inference or presumption of

driver’s agency for owner, or latter’s consent to operation, of automobile, 5 ALR2d 196. Proof of title to motor vehicle requisite to recovery for injury thereof, 7 ALR2d 1347. Liability to automobile guest injured by falling from or through door of moving automobile, 9 ALR2d 1337. Liability of driver of private automobile for injury to occupant struck by another vehicle after alighting, 20 ALR2d 789. Liability for killing or injuring, by motor vehicle, of livestock or fowl on highway, 20 ALR2d 1053. Liability of owner or operator of motor vehicle for accident resulting from alleged breaking of or defect in steering mechanism, 23 ALR2d 539. Admissibility, in vehicle accident case, of evidence of opposing party’s intoxication where litigant’s pleading failed to allege such fact, 26 ALR2d 359. Liability for failure to provide motor vehicle with adequate rearview mirror, 27 ALR2d 1040. Physical defect, illness, drowsiness, or falling asleep of motor vehicle operator as affecting liability for injury, 28 ALR2d 12; 93 ALR3d 326. Physical defect, illness, drowsiness, or falling asleep of motor vehicle operator as affecting liability for injury, 28 ALR2d 12; 93 ALR3d 326; 1 ALR4th 556. Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 ALR2d 107. Liability for injury incident to towing automobile, 30 ALR2d 1019. Liability for motor vehicle accident where vision of driver is obscured by smoke, dust, atmospheric condition, or unclean windshield, 42 ALR2d 13. Rights of injured guest as affected by obscured vision from vehicle in which he was riding, 42 ALR2d 350. Liability for injury occurring when clothing of one outside motor vehicle is caught as vehicle is put in motion, 43 ALR2d 1282. Overcrowding motor vehicle or riding in unusual position thereon as affecting liability for injury or damage, 44 ALR2d 238. Right of defendant in action for personal injury, property damage, or death, to

bring in new parties as cross defendants to his counterclaim or the like, 46 ALR2d 1253. Liability of vehicle driver or owner for running over or hitting former passenger or guest who has alighted, 50 ALR2d 974. Recovery under automobile property damage policy expressly including or excluding collision damage, where vehicle is struck by object falling thereon other than as a result of storm or the like, 54 ALR2d 381. Liability of motor vehicle owner or operator for personal injury or death of passenger or guest occasioned by inhalation of gases or fumes from exhaust, 56 ALR2d 1099. Liability as between participants for accident arising from private automobile or other vehicle racing on public street or highway, 59 ALR2d 481. Liability of state, municipality, or public agency for vehicle accident occurring because of accumulation of water on street or highway, 61 ALR2d 425. Duty and liability of vehicle drivers approaching intersection of one-way street with other street, 62 ALR2d 275. Duty and liability of vehicle drivers within parking lot, 62 ALR2d 288. Right to punitive or exemplary damages in action for personal injury or death caused by operation of automobile, 62 ALR2d 813. Liability for injury occasioned by backing of motor vehicle in public street or highway, 63 ALR2d 5. Liability for injury occasioned by backing of motor vehicle from private premises into public street or highway, 63 ALR2d 108. Liability for injury or damage occasioned by backing of motor vehicle within private premises, 63 ALR2d 184. Instructions on unavoidable accident, or the like, in motor vehicle cases, 65 ALR2d 12. Liability of owner or operator to adult trespasser in or on motor vehicle or equipment, 65 ALR2d 798. Liability for accident from ‘‘jackknifing’’ of trailers or the like, 68 ALR2d 353. Liability for injury or damage from motor vehicle accident assertedly caused by insect, 73 ALR2d 1214.

Custom or practice of drivers of motor vehicles as affecting question of negligence, 77 ALR2d 1327. Instructions on sudden emergency in motor vehicle cases, 80 ALR2d 5; 102 ALR 781; 118 ALR 982. Violation of statute requiring one involved in an accident to stop and render aid as affecting civil liability, 80 ALR2d 299. Liability for injury or damage caused by operation of bulldozer, earth grader, or similar earth-moving equipment, 81 ALR2d 456. Liability of owner or driver of double-parked motor vehicle for ensuing injury, death, or damage, 82 ALR2d 726. Negligence in connection with the pushing of one motor vehicle by another, 82 ALR2d 918. Liability arising from accidents involving police vehicles, 83 ALR2d 383. Liability of governmental unit or its officer for injury or damage from operation of vehicle pursued by police, 83 ALR2d 452. Liability for injury or damages resulting from operation of vehicle in funeral procession or in procession which is claimed to have such legal status, 85 ALR2d 692. Criminal responsibility for injury or death in operation of mechanically defective motor vehicle, 88 ALR2d 1165. Liability for accident arising from fall of motor vehicle load upon, or into path of, another motor vehicle, 91 ALR2d 897. Liability for injury or damage caused in collision with, or avoiding collision with, open door of parked automobile, 92 ALR2d 1037. Improper use of automobile license plates as affecting liability or right to recover for injuries, death, or damages in consequence of automobile accident, 99 ALR2d 904. Liability for automobile accident, other than direct collision with pedestrian, as affected by reliance upon or disregard of stop-and-go signal, 2 ALR3d 12. Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of stop-and-go signal, 2 ALR3d 155. Liability for automobile accident at in-

tersection as affected by reliance upon or disregard of ‘‘yield’’ sign or signal, 2 ALR3d 275. Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging stop signal or sign, 3 ALR3d 180. Liability for automobile accident at intersection as affected by reliance upon or disregard of unchanging caution, slow, danger, or like sign or signal, 3 ALR3d 507. Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 ALR3d 557. Parking illegally at or near street corner or intersection as affecting liability for motor vehicle accident, 4 ALR3d 324. Owning, leasing, or otherwise engaging in business or furnishing services for taxicabs as basis of tort liability for acts of taxi driver under respondeat superior doctrine, 8 ALR3d 818. Liability for accident occurring in motor transportation of house or similar structure on public streets or highways, 9 ALR3d 1436. What amounts to negligence within meaning of statutes penalizing negligent homicide by operation of a motor vehicle, 20 ALR3d 473. Automobiles: duty and liability with respect to giving audible signal upon approaching pedestrian, 24 ALR3d 183. Burden of pleading and proving guest status, or absence thereof, under automobile guest statute, 24 ALR3d 1400. Liability of motorist colliding with person engaged about stalled or disabled vehicle on or near highway, 27 ALR3d 12. Admissibility of evidence of habit, customary behavior, or reputation as to care of pedestrian on question of his care at time of collision with motor vehicle giving rise to his injury or death, 28 ALR3d 1293. Automobiles: liability of motorist for collision as affected by attempts to avoid dog or other small animal in road, 41 ALR3d 1124. Automobiles: liability for accident arising from escape of trailer, 43 ALR3d 725. Anti-hitchhiking laws: their construction and effect in action for injury to hitchhiker, 46 ALR3d 964.

Liability of owner or operator of motor vehicle or aircraft for injury or death allegedly resulting from failure to furnish or require use of seat belt, 49 ALR3d 295. Automobiles: liability of one fleeing police for injury resulting from collision of police vehicle with another vehicle, person or object, 51 ALR3d 1226. Liability for injury to or death of passenger from accident due to physical condition of carrier’s employee, 53 ALR3d 669. Liability or recovery in automobile negligence action as affected by absence on insufficiency of lights on parked or standing motor vehicle, 61 ALR3d 13. Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without front lights, or with improper front lights, 62 ALR3d 560. Liability or recovery of automobile negligence action arising out of collision or upset as affected by operation of vehicle without or with improper taillights or rear reflectors, 62 ALR3d 771. Liability or recovery in automobile negligence action arising out of collision or upset as affected by operation of vehicle without, or with improper, clearance, load, or similar auxiliary lights, 62 ALR3d 844. Liability or recovery in automobile negligence action as affected by driver’s being blinded by lights of motor vehicle, 64 ALR3d 551. Liability or recovery in automobile negligence action as affected by driver’s being blinded by lights other than those of a motor vehicle, 64 ALR3d 760. No-fault: right of insurer to reimbursement out of recovery against tortfeasor, 69 ALR3d 830. Automobile occupant’s failure to use seat belt as contributory negligence, 92 ALR3d 9. Liability for automobile accident allegedly caused by driver’s blackout, sudden unconsciousness, or the like, 93 ALR3d 326. Nonuse of seatbelt as reducing amount of damages recoverable, 95 ALR3d 239; 62 ALR5th 537. Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from ice or snow on surface of highway or street, 97 ALR3d 11.

Products liability: personal injury or death allegedly caused by defect in braking system in motor vehicle, 99 ALR3d 179. Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 ALR3d 751. Products liability: personal injury or death allegedly caused by defect in drive train system in motor vehicle, 100 ALR3d 471. Liability of governmental unit or its officers for injury to innocent pedestrian or occupant of parked vehicle, or for damage to such vehicle, as result of police chase, 100 ALR3d 815. Products liability: personal injury or death allegedly caused by defect in suspension system in motor vehicle, 100 ALR3d 912. Motor vehicle passenger’s contributory negligence or assumption of risk where accident resulted from driver’s drowsiness, physical defect, or illness, 1 ALR4th 556. Motor carrier’s liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 ALR4th 1249. Liability for negligent operation of dune buggy, 2 ALR4th 795. Liability of governmental unit or its officers for injury to innocent occupant of moving vehicle, or for damage to such vehicle, as result of police chase, 4 ALR4th 865. Products liability: personal injury or death allegedly caused by defect in electrical system in motor vehicle, 5 ALR4th 662. Immediacy of observation of injury as affecting right to recover damages for shock or mental anguish from witnessing injury to another, 5 ALR4th 833. Liability of governmental unit for injuries caused by driver of third vehicle to person whose vehicle had been stopped by police car, 17 ALR4th 897. Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 ALR4th 132.

Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 ALR4th 159. Fact that passenger in vehicle is owner as affecting right to recover from driver for injuries to, or death of, passenger incurred in consequence of driver’s negligence, 21 ALR4th 459. Simultaneous injury to person and property as giving rise to single cause of action - modern cases, 24 ALR4th 646. Motor vehicle operator’s liability for accident occurring while driving with vision obscured by smoke or steam, 32 ALR4th 933. Liability of highway user for injuries resulting from failure to remove or protect against material spilled from vehicle onto public street or highway, 34 ALR4th 520. Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 ALR4th 441. Fact that passenger in negligently operated motor vehicle is owner as affecting passenger’s liability to or rights against third person - modern cases, 37 ALR4th 565. Motorist’s liability for striking person lying in road, 41 ALR4th 303. Construction and application of statute imposing liability expressly upon motor vehicle lessor for damage caused by operation of vehicle, 41 ALR4th 993. Liability for personal injury or property damage caused by unauthorized use of automobile which had been parked with keys removed from ignition, 70 ALR4th 276. Rescue doctrine: liability of one who negligently causes motor vehicle accident for injuries to person subsequently attempting to rescue persons or property, 73 ALR4th 737. Modern status of rule imputing motor vehicle driver’s negligence to passenger on joint venture theory, 3 ALR5th 1. Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 ALR5th 195. Motorist’s liability for signaling other vehicle or pedestrian to proceed, or to pass signaling vehicle, 14 ALR5th 193. Instructions on ‘‘unavoidable accident,’’

‘‘mere accident,’’ or the like, in motor vehicle case - modern cases, 21 ALR5th 82. Failure to use or misuse of automobile child safety seat or restraint system as affecting recovery for personal injury or death, 46 ALR5th 557. Liability under state law for injuries

resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 ALR5th 1. Comparative negligence of driver as defense to enhanced injury, crashworthiness, or second collision claim, 69 ALR5th 625.