Selection of Motor Vehicle Repair Facility

1. Law
2. Georgia Code
3. Insurance
4. Motor Vehicle Accident Reparations
5. Selection of Motor Vehicle Repair Facility

1. Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
2. No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilitiesin order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.

(Code 1981, §33-34-6, enacted by Ga. L. 1991, p. 1608, § 1.12; Ga. L. 1992, p. 2464, § 2; Ga. L. 1999, p. 834, § 2.)

Law reviews.

- For annual survey of insurance law, see 56 Mercer L. Rev. 253 (2004).

JUDICIAL DECISIONS

No private cause of action.

- Dismissal of an auto repair shop's claim against an insurance company for violation of the Georgia Motor Vehicle Accident Reparations Act, O.C.G.A. § 33-34-1 et seq., was appropriate because there was no private cause of action under O.C.G.A. § 33-34-6. State Farm Mut. Auto. Ins. Co. v. Hernandez Auto Painting & Body Works, 312 Ga. App. 756, 719 S.E.2d 597 (2011).

RESEARCH REFERENCES

ALR.

- What constitutes bad faith on part of insurer rendering it liable for statutory penalty imposed for bad faith in failure to pay, or delay in paying, insured's claim - Particular grounds for denial of claim: risks, causes, and extent of loss, injury, disability, or death, 123 A.L.R.5th 259.

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