Case Summary: Our client was injured in a motor vehicle collision and sought recovery through uninsured motorist coverage after also receiving workers’ compensation benefits related to the accident. The insurance company argued that it was entitled to reduce the available uninsured motorist coverage by the amount already paid through workers’ compensation, which would have significantly limited our client’s recovery.
The dispute was litigated through the Georgia Court of Appeals, where we argued that Georgia’s uninsured motorist statute required insurers to pay all sums an insured is legally entitled to recover from the at-fault driver and that workers’ compensation benefits could not be used to improperly reduce available coverage. In a significant appellate decision issued on September 29, 2017, the Georgia Court of Appeals ruled in our client’s favor and held that the insurer could not offset uninsured motorist coverage by the amount of workers’ compensation benefits received. The ruling reinforced important protections for injured Georgia motorists and clarified the limits of insurance company offset provisions under Georgia law.
