History. Code 1981, § 9-11-67.1 , enacted by Ga. L. 2013, p. 860, § 1/HB 336; Ga. L. 2021, p. 431, § 1/HB 714.
Effective date. —
This Code section became effective July 1, 2013.
The 2021 amendment, effective July 1, 2021, rewrote subsection (a), which read: “(a) Prior to the filing of a civil action, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and contain the following material terms:
“(1) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer;
“(2) Amount of monetary payment;
“(3) The party or parties the claimant or claimants will release if such offer is accepted;
“(4) The type of release, if any, the claimant or claimants will provide to each releasee; and
“(5) The claims to be released.”; added paragraph (b)(1); redesignated the existing provisions of subsection (b) as paragraph (2); substituted “both the offeror and recipient of the offer” for “the parties” at the end of subsection (c); in subsection (d), inserted “the” and “the terms of the release,” in the first sentence, inserted “be in writing and shall” in the second sentence, and added the last sentence; in subsection (e), deleted “and” following “return receipt requested,” and added “, and shall include an address or a facsimile number or email address to which a written acceptance pursuant to subsection (b) of this Code section may be provided”; substituted “subparagraph (a)(1)(B)” for “paragraph (2) of subsection (a)” in the introductory paragraph of subsection (f); substituted “such date shall not be less than 40 days from the receipt of the offer” for “such period shall be not less than ten days after the written acceptance of the offer to settle” at the end of subsection (g); and substituted “July 1, 2021” for “July 1, 2013” at the end of subsection (h). See Editor’s notes for applicability.
Cross references.
Cause of action for physical injury, § 51-1-13.
Separate causes of action for personal injury and property damage caused by motor vehicle, § 51-1-32.
Duty of care of operator of motor vehicle to passengers, § 51-1-36.
Editor’s notes.
Ga. L. 2021, p. 431, § 4/HB 714, not codified by the General Assembly, provides: “This Act shall apply to causes of action accruing on or after July 1, 2021.”
Law reviews.
For article on the 2013 enactment of this Code section, see 30 Ga. St. U.L. Rev. 39 (2013).
For article, “An Insurer’s Duty to Settle: The Law in Georgia,” see 22 Ga. St. Bar J. 19 (Aug. 2016).
For annual survey on insurance law, see 69 Mercer L. Rev. 117 (2017).
For annual survey on trial practice and procedure, see 69 Mercer L. Rev. 321 (2017).
For article, “The Peculiarities of Georgia Insurance Law,” see 24 Ga. St. B.J. 18 (April 2019).
For article with annual survey on legal ethics, see 73 Mercer L. Rev. 155 (2021).
For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).