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HB 157 - Motor vehicles; certain property damage claims; arbitration

Coleman, Terry L (142nd)	Allen, Ben (117th)	Henson, Michele (65th)
Williams, Robin L (114th)	Harbin, Ben (113th)

Status Summary	HC:	Judy	SC:		FR:	01/25/99	LA:	01/26/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide for arbitration of property damage claims in cases where all motor vehicles involved in an accident are covered by a single insurer and the insurer has affirmed liability but the amount is in dispute; and for other purposes.

Code Sections - 33-34-6.1

HB 157                                             LC 25 1085 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 34 of Title 33 of the Official Code of 
  1- 2  Georgia Annotated, relating to motor vehicle accident 
  1- 3  reparations, so as to provide for arbitration of property 
  1- 4  damage claims in cases where all motor vehicles involved in 
  1- 5  an accident are covered by a single insurer and the insurer 
  1- 6  has affirmed liability but the amount is in dispute; to 
  1- 7  repeal conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Chapter 34 of Title 33 of the Official Code of Georgia 
  1-11  Annotated, relating to motor vehicle accident reparations, 
  1-12  is amended by adding a new Code Section 33-34-6.1 to read as 
  1-13  follows: 
 
  1-14    "33-34-6.1. 
 
  1-15    If for any motor vehicle accident involving more than one 
  1-16    motor vehicle: 
 
  1-17      (1) All motor vehicles involved in the accident are 
  1-18      insured under motor vehicle liability insurance policies 
  1-19      issued by the same insurer; 
 
  1-20      (2) The insurer has affirmed liability on a claim for 
  1-21      property damage arising out of such accident; and 
 
  1-22      (3) The amount payable to the claimant for such property 
  1-23      damage is in dispute, 
 
  1-24    then such claimant, or the insurer, may submit to the 
  1-25    Commissioner a request for their case to be arbitrated. 
  1-26    The request must be in writing and must include the facts 
  1-27    of the case to include where each party currently stands 
  1-28    in the negotiations.  The Commissioner shall establish a 
  1-29    panel of three arbitrators to review the case which will 
  1-30    be charged with the duty of establishing a fair and 
  1-31    equitable monetary settlement of the case.  Any settlement 
  1-32    of a claim pursuant to this Code section shall be binding 
 
 
 
                                 -1- 
 
 
 
  2- 1    on both parties but shall not preclude or waive any other 
  2- 2    rights either party has under law to pursue or defend a 
  2- 3    civil action de novo to resolve the claim." 
 
  2- 4                           SECTION 2. 
 
  2- 5  All laws and parts of laws in conflict with this Act are 
  2- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-