Your Insurer Hired a Lawyer to Defend You in Georgia: Who Does That Lawyer Represent?
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed July 2024
Legal Inquiry
Consumer Legal Issue
Last year in Georgia, I was in an accident where I failed to yield on a left turn, and I'm at fault. The other driver is suing. My insurance company assigned the case to an attorney. I was told my coverage includes legal representation, so I'm assuming the attorney represents both me and the company. Is that correct? Should I also hire my own lawyer?
Attorney Answer
The lawyer your insurer assigned is there to defend you, and you are that lawyer's client, even though the insurer pays the bill. In most cases that defense is all you need. You should get a lawyer of your own if the claim could exceed your policy limits, if your insurer says it may not cover the claim, or if you have a claim of your own from the crash.
How the arrangement works. Your policy obliges the insurer to defend a covered suit, so it hires and pays a lawyer to defend you. The rules lawyers practice under do not let the party paying the fee direct the lawyer's professional judgment on the client's behalf. Day to day, the lawyer and the insurer work closely together, because the insurer is paying any judgment up to your limits.
Where your interests and the insurer's can split.
A claim larger than your limits. Anything above your liability limits is your own exposure. Georgia law gives you some protection here: an insurer that fails to settle within the limits, when an ordinarily prudent insurer would have, can be liable for the judgment above them. That rule comes from Southern General Insurance Co. v. Holt, decided by the Supreme Court of Georgia. Whether that protection applies depends on how the case unfolds, which is why a separate lawyer of your own is worth having when the damages could top your coverage. - A coverage question. If the insurer sends a letter “reserving its rights” (saying it is defending but may later deny coverage), your interests and the insurer's are no longer the same. - Your own injuries. The defense lawyer defends you. They do not bring your own claim, if you have one.
What you can do
1. Find your bodily-injury liability limits on your declarations page.
2. Ask the assigned lawyer what the other driver is claiming, and whether it could exceed those limits.
3. Read any letter from your insurer about coverage closely, and save it.
4. Send every court paper to the assigned lawyer the day it arrives, and don't discuss the case with the other driver.
5. If the claim may exceed your limits, or you receive a reservation-of-rights letter, consult a lawyer of your own. Most offer a short first call at no cost.
⏱ Time limits apply. A lawsuit has already been filed, so the deadlines that matter now are the court's. The assigned lawyer manages them, which is why every paper should reach them the day you receive it.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- Southern General Insurance Co. v. Holt, 262 Ga. 267, 416 S.E.2d 274 (1992) — Supreme Court of Georgia
An insurer that fails to settle a claim against its insured within the policy limits, where an ordinarily prudent insurer would have settled, can be liable for a judgment above those limits.
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Frequently Asked Questions
Who does an insurance defense lawyer represent in Georgia?
The lawyer an insurer assigns to defend a policyholder represents the policyholder as client, even though the insurer pays the fee; the rules governing lawyers do not permit the paying party to direct the lawyer's professional judgment for the client.
When should a driver hire a personal lawyer after being sued?
Commonly when the claim could exceed the policy's liability limits, when the insurer reserves its rights to deny coverage, or when the driver has injury claims of their own that the defense lawyer will not pursue.
Can a Georgia insurer be liable for more than the policy limits?
Yes, in some cases. Under Southern General Insurance Co. v. Holt, an insurer that fails to settle a claim within the policy limits when an ordinarily prudent insurer would have done so can be liable for the judgment above those limits.