What Is a Holt Demand in Georgia?
Short answer: A Holt demand is a time-limited offer to settle an injury claim for the at-fault driver’s insurance policy limits. If the insurance company unreasonably lets the deadline pass and a jury later awards more than the policy, the insurer can be responsible for the full amount, not just the limits.
Definition
The name comes from Southern General Insurance Co. v. Holt (Ga. 1992), where the Georgia Supreme Court held that an insurer that unreasonably fails to accept a time-limited offer to settle within policy limits can be liable for a judgment above those limits.
How it works in Georgia
- The demand offers a full release of the insured driver in exchange for payment of the policy limits within a set time.
- For motor vehicle claims, O.C.G.A. § 9-11-67.1 sets detailed rules for how these offers must be written, delivered and answered. The law has been amended several times, so a demand has to follow the version that applies on the date it is sent.
- The Georgia Supreme Court has held that an insurer’s duty to settle arises when the injured person presents a valid offer to settle within the policy limits (First Acceptance Insurance Co. of Georgia v. Hughes, 2019).
Example
A driver with a $25,000 policy seriously injures you, and your medical bills alone are higher than that. Your lawyer sends a demand for the $25,000 limits with a 30-day deadline and your medical records. If the insurer ignores it without good reason and a jury later awards $400,000, the insurer may have to pay far more than $25,000.
Why it matters for your claim
- It is often the only practical way to reach money beyond a small policy.
- One technical mistake in the demand can let the insurer off the hook, so the statute’s details matter.
- It works together with your own uninsured/underinsured motorist coverage, which can pay what the other driver’s policy cannot.
Read more: Bad faith insurance claims in Georgia.
Related terms
Frequently Asked Questions
Is a Holt demand the same as a time-limited demand?
Largely, yes. “Holt demand” is the common name in Georgia. O.C.G.A. § 9-11-67.1 uses the language of an offer to settle and sets the rules for pre-suit demands in motor vehicle cases.
How long does the insurer get to respond?
For motor vehicle demands covered by § 9-11-67.1, the insurer generally must get at least 30 days from receipt to accept.
Can I send a Holt demand myself?
You can, but the requirements are technical, and a defective demand can cost you the chance to reach money beyond the policy limits.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
