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Automobile Insurance Subrogation: In All 50 States - Hardcover
Automobile Insurance Subrogation: In All 50 States - Electronic
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§ 4.11 GEORGIA
§ 4.11[1] Subrogation Rights
Georgia recognizes conventional subrogation rights which are
established in the terms of an automobile insurance policy—also
known as contractual subrogation.1 Equitable subrogation rights can
arise even absent such contractual subrogation language, simply by
operation of law.2 Equitable subrogation is founded on the principle
that an insured ought not to collect damages for his loss from both
his insurer and the tortfeasor, a double recovery.3 A typical
automobile subrogation clause will read as follows:
SUBROGATION
We have the right of subrogation under the Physical Damage
(including collision coverage), Auto Liability, Basic
Personal Injury Protection, and the Liability Other Than
Auto and Physical Damage to Property sections of the
Comprehensive Family Liability coverages in this policy.
This means that after paying a loss to you or others under
this policy, we will have the insured’s right to sue for or
otherwise recover such loss from anyone else who may be
held responsible. Alternatively, we may require
reimbursement from the insured out of any settlement or
judgment that duplicates our payments. These provisions will
be applied in accordance with state law. Any insured will
sign such papers, and do whatever else is necessary, to
transfer these rights to us, and will do nothing to prejudice
them.4
Section 33-7-11(f) also authorizes subrogation of automobile
insurance policies. That section grants such a right of subrogation,
but only to policies issued or delivered outside of Georgia.5 Policies
issued or delivered outside of Georgia may still subrogate, but only if
they have conventional (contractual) subrogation language provided
within the policy.6 Section 33-7-11(f) provides as follows:
(f) An insurer paying a claim under the endorsement or
provisions required by subsection (a) of this Code section
shall be subrogated to the rights of the insured to whom
the claim was paid against the person causing such injury,
death, or damage to the extent that payment was made,
including the proceeds recoverable from the assets of the
insolvent insurer, provided that the bringing of an action
against the unknown owner or operator as “John Doe” or
the conclusion of such an action shall not constitute a bar
Gary Wickert is an insurance trial lawyer and is regarded as one of the world's leading experts on insurance subrogation. He is also the author of several subrogation books and legal treatises and is a national and international speaker and lecturer on subrogation and motivational topics. After 15 years as the youngest managing partner in the history of the 30-lawyer Houston law firm of Hughes, Watters & Askanase, L.L.P., Mr. Wickert returned to his native Wisconsin in 1998 and co-founded the subrogation firm of Matthiesen, Wickert & Lehrer, S.C. He oversees a National Recovery Program which includes a network of nearly 285 contracted subrogation law firms in all 50 states, Mexico, Canada and the United Kingdom and boasts recoveries of more than $500 million in recoveries and credits for more than 200 insurance companies. Licensed in both Texas and Wisconsin, Mr. Wickert is double board-certified in both personal injury law and civil trial law by the Texas Board of Legal Specialization. He is also certified as a Civil Trial Advocate by the National Board of Trial Advocacy, for whom he has both written and graded the product liability questions contained on the NBTA national certification exam taken by trial lawyers around the country. For 25 years, Mr. Wickert has served as an expert witness and insurance consultant on subrogation and insurance related issues and has been consulted by insurance carriers, lawyers, and legislative bodies from several states. He is a licensed arbitrator and has attended more than 750 mediations in more than 30 different states. He has represented subrogated insurance carriers in every state, and has been admitted pro hac vice in 17 states. Gary Wickert has worked with the Texas Legislative Oversight Committee in rewriting their workers' compensation subrogation statutes, has served on the Board of the National Association of Subrogation Professionals, and has been cited as an authority on workers' compensation subrogation by several appellate courts, including the Texas Court of Appeals. He is one of only a few lawyers to have ever represented a subrogated carrier before the United States Supreme Court, and was named as one of Law & Politics magazine's "Super Lawyers" for 2005, 2006, and 2007.
