Insurance Lowball Tactics in Georgia Injury Claims
Adjusters are trained to resolve claims for as little as the facts allow. Here is how common tactics work, how to respond, and what Georgia law says about settlement demands.
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Overview
Why an Early Offer Deserves a Second Look
After a crash, the at-fault driver’s insurance company will usually assign an adjuster to your claim. The adjuster may be polite, responsive and easy to talk to. But the adjuster works for the insurance company, and part of that job is to close claims at a cost the company considers reasonable.
That doesn’t mean every offer is unfair. It means the offer reflects the insurer’s view of your claim, based on the information it has at that moment. In the first days or weeks after a wreck, that information is usually incomplete. You may not yet know whether your pain will fade, whether you need imaging, injections or surgery, or how long you will be out of work.
Timing matters because a settlement is normally final. When you accept a payment and sign a release, you generally give up the right to seek more money for that crash later, even if your injuries turn out to be worse than anyone expected.
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Common Tactics Adjusters Use to Minimize Claims
None of the practices below is automatically improper. They are ordinary parts of claims handling. Knowing how they work helps you avoid giving away value by accident.
The Quick Early Offer
An adjuster may offer a check soon after the crash, sometimes before you have finished seeing a doctor. A fast payment can be tempting when bills are piling up. But an offer made before your treatment is complete is based on a partial picture, and signing the release usually closes the claim for good.
The Recorded Statement
The other driver’s insurer may ask to record a conversation about the crash and your injuries. Casual answers like “I’m fine” or “I didn’t see them coming” can later be quoted to argue that you weren’t hurt or were partly at fault. You generally have no obligation to give a recorded statement to the other driver’s insurer. Your own policy is different: it likely requires you to cooperate with your own insurance company, so read it or ask before you decline.
The Broad Medical Authorization
You may receive a form authorizing the insurer to collect your medical records. Some forms are written broadly enough to reach years of unrelated history. The insurer can then look for older complaints to argue your current pain came from something else. You can offer records related to the crash instead of signing a blanket release.
Disputing Your Treatment
Adjusters may question whether your treatment was necessary, whether it lasted too long, or whether your bills are reasonable. They may point to a gap between the crash and your first appointment, or to missed appointments, as a sign you weren’t really hurt. If a lawsuit is filed, the defense can also ask the court to order a physical examination by a doctor it selects under O.C.G.A. § 9-11-35.
Blaming a Pre-Existing Condition
If you had back trouble or an old injury before the crash, the insurer may argue that your symptoms are simply the old problem. A prior condition doesn’t erase a claim. The real question is whether, and how much, the crash made things worse. Medical records from before and after the crash are often the best way to show that difference.
Delay
Some claims move slowly. Requests for more documents, unreturned calls and long review periods can wear people down, especially when they are out of work. Delay also runs the clock on Georgia’s two-year filing deadline for most injury claims under O.C.G.A. § 9-3-33.
Surveillance and Social Media
Insurers may review public social media posts and, in some claims, hire investigators. A photo of you at a birthday party or a short video of you carrying groceries can be presented out of context to suggest you aren’t hurt. It is safer to keep posts private and avoid discussing the crash or your recovery online.
Shifting Fault to You
Georgia uses modified comparative fault. Under O.C.G.A. § 51-12-33, your damages are reduced by your percentage of fault, and you recover nothing if you are 50 percent or more at fault. Because each percentage point affects the payout, adjusters may argue that you were speeding, distracted or braked too hard.
An offer made before you know the full extent of your injuries is an offer based on incomplete information.
How to Respond When the Insurance Company Calls
1
Get Medical Care and Follow Through
See a doctor promptly, describe every symptom, and keep your follow-up appointments. Your medical records are the backbone of any injury claim.
2
Keep Early Conversations Short
You can confirm basic facts like your name, contact details and the date and place of the crash. Politely decline a recorded statement until you have had a chance to get advice.
3
Limit Medical Authorizations
Read any authorization before signing. You can ask that it be limited to records related to the crash and a reasonable time period.
4
Document Everything
Keep a file with the claim number, the adjuster’s name, every letter and email, photos, repair estimates, bills, missed-work records and notes on how your injuries affect daily life.
5
Ask About Coverage Limits
Under O.C.G.A. § 33-3-28, a claimant can make a sworn written request, sent by certified mail or statutory overnight delivery, and the insurer must disclose its policy limits within 60 days.
6
Don’t Sign Until You See the Full Picture
Before you accept any offer, you should have a clear sense of your diagnosis, your future treatment needs and your lost income. Keep the two-year deadline in mind as you wait.
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Georgia’s Time-Limited Demand Law: O.C.G.A. § 9-11-67.1
In motor vehicle injury claims, a lawyer often sends the insurer a written offer to settle for a set amount by a set date. These are called time-limited demands, and in Georgia they are governed by O.C.G.A. § 9-11-67.1. The legislature amended the statute in 2021 and again in 2024 (SB 83). The 2024 version applies to offers made on or after April 22, 2024.
The statute applies to written offers prepared by or with the help of an attorney, sent after a claim arises and before the defendant files an answer to a lawsuit. Every settlement offer in a motor vehicle injury claim is treated as an offer to enter a bilateral contract.
| Requirement | What the Statute Says |
|---|---|
| Time to accept | At least 30 days from receipt of the offer |
| Delivery | Certified mail or statutory overnight delivery, return receipt requested, specifically referencing § 9-11-67.1 |
| Where to accept | Must list an address plus a fax number or email address for written acceptance |
| Payment date | At least 40 days from receipt of the offer |
| Release terms | Who will be released, whether the release is full or limited, and which claims are released |
| Insurance disclosure | May require a sworn statement about all coverage, due no sooner than 40 days from receipt (the offeror can waive this) |
| Medical records | Must include records in the offeror’s possession sufficient to evaluate the claim |
The 2024 amendment made the listed items the only material terms of the offer. Any other term is treated as immaterial, and an insurer that varies from an immaterial term is not exposed to a failure-to-settle claim for that reason alone if it otherwise complies with the statute. The insurer can also ask for clarification in writing about liens, medical bills, the release and similar issues, and a clarification request is not treated as a counteroffer.
The statute also creates a safe harbor. There is no civil action for failure to settle if, by the dates in the offer, the insurer accepts the material terms in writing (other than the amount), provides any required sworn coverage statement, and pays the lesser of the amount demanded or its available bodily injury limits. That safe harbor applies even if the offer says the statute does not apply. The section does not cover product liability claims.
Georgia’s 2025 tort reform law, SB 68, changed several other rules for injury cases but did not amend § 9-11-67.1. Because demands must meet precise technical requirements, small drafting or delivery mistakes can undo them.
Bad Faith Failure to Settle Within Policy Limits
Georgia’s minimum liability coverage is $25,000 per person and $50,000 per incident for bodily injury. When a serious injury exceeds a driver’s limits, whether the insurer settles within those limits can matter a great deal.
Under Georgia case law, an insurer must give its insured’s interests the same faithful consideration it gives its own. In Southern General Insurance Co. v. Holt (1992), the Supreme Court of Georgia held that an insurer can be liable to its insured when it negligently or in bad faith fails to settle an injured person’s claim. That exposure can include a judgment above the policy limits. In First Acceptance Insurance Co. of Georgia v. Hughes (2019), the Court clarified that this duty arises when the injured party presents a valid offer to settle within the policy limits.
These claims are not automatic. Holt also says an insurer does not act in bad faith solely because it fails to accept an offer by the deadline an attorney sets. Courts look at what the insurer knew and whether an ordinarily prudent insurer would have settled. A failure-to-settle claim also belongs to the insured, the at-fault driver, not to the injured person directly.
Separately, O.C.G.A. § 33-6-34 lists unfair claims settlement practices, such as failing to attempt in good faith to settle claims when liability is reasonably clear. That law is enforced by the Georgia Office of the Commissioner of Insurance and Safety Fire and does not create a private right to sue (O.C.G.A. § 33-6-37). You can file a consumer complaint with that office if you believe a claim is being mishandled. If the other driver’s coverage is too small, your own uninsured motorist coverage may also come into play.
FAQ
Frequently Asked Questions
Not before you understand your injuries, your future treatment and your lost income. A first offer reflects the insurer’s view of the claim at that moment, often before treatment is finished. Once you sign a release, you usually can’t reopen the claim, even if your condition gets worse.
Generally, no. You don’t have an obligation to give the at-fault driver’s insurer a recorded statement, and it is reasonable to decline until you have had advice. Your own insurance policy is different and likely requires you to cooperate with your own insurer.
It is a written offer to settle a claim for a set amount by a set deadline. For motor vehicle injury claims, O.C.G.A. § 9-11-67.1 sets the required terms, including at least 30 days to accept, at least 40 days to pay, delivery by certified mail or statutory overnight delivery, and enough medical records to evaluate the claim.
It can in some situations. Under Georgia case law, an insurer that negligently or in bad faith fails to accept a valid offer to settle within its policy limits may be liable to its insured for a larger judgment. Whether that applies depends on the specific offer, the facts known to the insurer and how it responded.
O.C.G.A. § 33-3-28 lets a claimant send a sworn written request by certified mail or statutory overnight delivery. The insurer must then disclose its coverage limits within 60 days. An attorney can handle this request for you.
Yes. Public posts, photos and comments can be reviewed and presented out of context to argue that you aren’t as hurt as you say. Keep accounts private and avoid posting about the crash, your injuries or your activities while the claim is open.
For most personal injury claims, O.C.G.A. § 9-3-33 sets a two-year deadline from the date of injury. Some claims have shorter notice deadlines or different rules, so it is best to get advice early.
Get Help Before You Sign Anything
If an adjuster is pressing you to settle, it is worth understanding what your claim may be worth and how Georgia’s filing deadlines work first. For a step-by-step guide to the days after a crash, see After the Wreck. The Gunn Law Group, founded by attorney Harrell Gunn, helps injured people across Georgia from our Buckhead and Norcross offices, and there is no attorney fee unless we win. Hablamos español. Call 888-BIG-GUNN (888-244-4866) for a free, no-obligation consultation.
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