ATLANTA HUB — Partner Mark Scott recently secured a significant victory for an insurance company in a challenging uninsured motorist claim dispute. The case involved a pro se plaintiff who failed to report the accident to the police as required by Georgia law, leading to the granting of summary judgment by the trial court, which was just affirmed by the Georgia Court of Appeals.

Overview of the Case:

The case involved a "John Doe" claim brought by a self-represented party against her insurance company. The plaintiff sought uninsured motorist benefits for alleged property damage and bodily injury sustained after striking an object on the road that came from an unknown vehicle. However, the plaintiff failed to comply with Georgia law, specifically OCGA § 33-7-11 (c), which mandates that such accidents involving an unknown driver must be reported to the police or sheriff  in order for an insured to recover uninsured motorist benefits. The trial court granted summary judgment because the insured could not prove that she complied with the mandatory reporting requirement, as well as the policy language.

Key Difference-Makers:

• Participants:

  • Mark Scott - Partner

Claims Made Against Our Client:

The pro se plaintiff claimed uninsured motorist benefits for alleged personal injury and property damage but failed to provide evidence of complying with the mandatory reporting requirement under Georgia law.

Defense Strategy:

Scott, taking over the case after an initial motion for summary judgment was filed, focused on highlighting the plaintiff's lack of compliance with Georgia law. He argued that the plaintiff's failure to report the accident to the police invalidated her claim for uninsured motorist benefits. Furthermore, Scott successfully demonstrated that the document presented by the plaintiff as evidence of reporting the accident lacked any proof of submission to the police, fatally weakening her case. This strategy, which emphasized strict adherence to legal requirements and drew upon statute and established case law, proved crucial in securing a favorable outcome for the insurance company. The Georgia Court of Appeals affirmed.

Impact on Final Outcome:

Both the trial court and the Court of Appeals ruled in favor of the insurance company, granting and upholding summary judgment and dismissing the plaintiff's claims. The courts determined that the plaintiff's lack of proof of reporting the accident was fatal to her claim, emphasizing the importance of adhering to legal requirements in such cases. This outcome underscores the potential consequences of non-compliance with reporting requirements in uninsured motorist claims.

Predicting the Future:

This win reinforces QPWB's commitment to diligently defending clients in insurance disputes and highlights the firm's ability to navigate complex legal challenges. The firm's strategic approach, combined with its attorneys' deep understanding of insurance law, procedural requirements, and appellate practice and procedure, ensures that clients facing similar claims receive the best possible defense, whether at the trial court or appellate level.

About QPWB:

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.