Savannah Georgia Car Insurance Policy Exclusion Discussion

How Car Insurance Policy Exclusions Can Jeopardize Your Insurance Claim

Here in Savannah Georgia, “exclusions” are very important to take into account when filing an injury claim, because insurance companies can cite them as a way of refusing payment. Essentially, exclusions are exceptions to the conditions of your insurance policy, and if an insurance company has said that you will not be covered due to an exclusion, you need to talk to a lawyer to determine if this is valid. Here are a few common types of exclusions that could hinder your case.

If the Injury Was Intentional

Most car insurance policies will not allow, or exclude, claims based on an intentional injury. In other words, if a Chatham county driver intends to hurt a particular pedestrian and succeeds in hitting him or her, the driver’s insurance company will most likely refuse to pay the full insurance policy. In fact, according to Georgia law, the insurance company does not have to cover more than $25,000 per person when a victim is hurt intentionally. While it may seem rather strange, this type of exclusion is legal. However, keep in mind that if you have uninsured motorist insurance, you can file a claim with your own insurance company in order to cover your injury.

If the Driver Did Not Have a License

Similarly, the courts have decided that the same exclusion laws hold true when the Savannah area driver who hurt someone was unlicensed. Again, in order to receive more than $25,000, you will need to have uninsured motorist insurance. Travelers Ins. Co. v. Progressive Preferred Ins. Co., 193 Ga.App. 864, 389 S.E.2d 370 (1989)

Exclusions for Specific Drivers

In certain cases, if one member of a Bulloch County  family has a terrible driving record that would result in sky-high insurance prices, the other family members can sign an insurance policy “excluding” the bad driver in order to bring the rate down. If this excluded driver then decided to drive the car anyway and eventually hurt you, the insurance company could claim this exclusion. Although a few attorneys have said that the right case could override this type of exclusion, I have never seen such a thing happen in court. Cotton States Insurance Co. v. Neese 254 Ga 335 (1985) and Progressive Preferred  Ins. Co. v. Browner 193 Ga. App. 864 (1989)

Exclusions for Business

This one may be the strangest exclusion of all: according to the courts, if a driver hits someone while traveling for business purposes, the insurance company has the right to claim an exclusion. Commuting does not count, but things like driving between different job locations, even if it is your personal vehicle, can be excluded in Savannah under Georgia law. However, while this is the law, I have not seen insurance companies claim an exclusion like this more than once in the last thirteen years.