Under a bill finally passed by the Georgia General Assembly, people’s ability to sue insurance companies immediately after a truck accident would be limited.
The House passed Senate Bill 426 172-0 on Monday, sending the bill to Gov. Brian Kemp for his signature or veto.
The bill would allow plaintiffs to sue insurance companies directly only if the trucking company involved goes bankrupt or if plaintiffs cannot find the insurer or driver.
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Supporters say the changes will lower insurance premiums for truckers and argue that current premiums are hampering trucking companies’ ability to operate.
Republican Georgia Governor Brian Kemp speaks at the opening night campaign party at the Chick-fil-A College Football Hall of Fame on May 24, 2022 in Atlanta, Georgia. (Joe Radle/Getty Images)
House Majority Whip James Burchett, R-Waycross, said Monday it was a measure to strike a balance between business groups and lawyers. Several Democrats also spoke in praise of the bill. Rep. Teddy Reese, D-Columbus, called it “a great compromise that lawyers like me are happy with and can work with.”
Kemp says he wants to make it harder for people to sue and win big legal judgments. He said Georgia’s high insurance rates are another harm caused by these lawsuits. But Kemp said he would pause his efforts until the 2025 legislative session to gather more information.
Georgia lawmakers capped non-economic damages, including pain and suffering, in a 2005 tort reform law, but the state Supreme Court struck down such caps as unconstitutional in 2010.
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In addition to truck drivers, commercial property and apartment owners are also seeking restrictions, saying they could be unfairly sued if a third party tampers with their property.
