A drunk driver's insurer offering far less than the claim is worth

Attorney Answer

Impairment strengthens the claim, but the law that punishes an insurer for lowballing does not apply to the other driver's insurer.

That the other driver was under the influence matters. O.C.G.A. § 40-6-391 makes driving under the influence unlawful, and a violation is evidence of the driver's conduct rather than a technicality separate from the crash.

But the bad-faith statute points the other way from where most people expect. O.C.G.A. § 33-4-6 applies where there is “a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same” after a demand by the holder of the policy. That is a first-party remedy — it is for an insured against their own insurer. It does not give you a claim against the at-fault driver's carrier for offering too little.

What actually moves a low offer is the evidence: complete medical records, a documented prognosis, and proof of what the injury has cost in income and function. An adjuster's first number is rarely their last, and it reflects what has been proved rather than what is true.

It is also worth checking your own policy for uninsured or underinsured motorist coverage, which can matter if the at-fault driver's limits are the real constraint.

What you can do

1. Collect every medical record and bill, including anything from before the crash that shows your baseline. 2. Document lost income with payslips or an employer's letter rather than an estimate. 3. Get the crash report and any evidence of the impairment charge and its outcome. 4. Check your own declarations page for uninsured or underinsured motorist coverage. 5. Speak to a Georgia attorney before accepting any figure or giving a recorded statement.

⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.

A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.