Legal Tip of the Day-Proving Uninsured Status of Offending Motorist (Georgia Automobile Insurance Law) Where it is established that the offending motorist is unidentified and thus cannot be located, it is presumed that the offending motorist was operating an uninsured motor vehicle at the time of the accident. On the other hand, where the offending motorist is known and is subject personal jurisdiction, "the courts cannot presume that the tort feasor was an uninsured motorist." In fact, it can be presumed that the mandate requiring minimum liability coverage has been obeyed and that the offending motorist is insured at least to the extent of the statutory minimum coverage. Therefore, in actions where the UM carrier has answered the tort action in its own name, the plaintiff-insured has the threshold burden of proving that the defendant tort-feasor is an uninsured motorist.
Posted on: Fri, 26 Jul 2013 13:50:52 +0000
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