All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney’s fees incurred by the dealer in defending any action in which the dealer is named as a defendant and in which the allegations set forth in the action are based solely upon claims of alleged defective or negligent manufacture, assembly, design of new motor vehicles, parts, or accessories, or other functions by the distributor, manufacturer, or warrantor which are beyond the control of the dealer. For this Code section to be applicable, the dealer must give notice to the manufacturer, distributor, and warrantor within 30 days of the receipt of the action if the manufacturer, distributor, or warrantor is not a named defendant in the action. In addition, this Code section only applies to actions in which a judgment or finding of fault is returned only against the manufacturer, distributor, or warrantor or in which the manufacturer, distributor, or warrantor enters into an agreement which settles or makes final disposition of the action.
History. Code 1981, § 10-1-643 , enacted by Ga. L. 1993, p. 1585, § 2.
Structure Georgia Code
Chapter 1 - Selling and Other Trade Practices
Article 22 - Motor Vehicle Franchise Practices
Part 3 - Motor Vehicle Warranty Practices
§ 10-1-642. Risk of Loss for Vehicle in Transit
§ 10-1-643. Payment of Dealer’s Attorney’s Fees by Manufacturer, Distributor, or Warrantor
§ 10-1-644. Exemptions From Part
§ 10-1-645. Uniform Warranty Reimbursement Agreement Amongst Dealers