Free Personal Automobile Policy Study Guide

Georgia Property & Casualty exam — Personal Automobile Policy.

The ISO personal auto policy (PP 00 01 09 18) is explained in the national guide. Georgia is a fault-based (tort) state with no PIP. Its auto rules are in O.C.G.A. 33-7-11 (uninsured motorist), 33-24-45 (cancellation and nonrenewal), 33-34 (compulsory insurance) and the Motor Vehicle Safety Responsibility Act, Title 40, Chapter 9.

Required coverage

  • Liability is required: no owner may drive, or let someone drive, a vehicle required to be registered in Georgia without liability insurance at the minimum limits, unless self-insured (33-34-4).
  • Minimum limits: $25,000 per person and $50,000 per accident for bodily injury, and $25,000 property damage (25/50/25).
  • No PIP: the at-fault driver's liability insurance pays the injured party.
  • Policy terms: every auto liability policy must run at least six months (33-34-3).
  • Advance premium: a new personal auto liability policy requires payment for the first 30 days in advance. Renewals, replacements without a lapse, and payroll-deduction plans are exempt.
  • Out-of-state insurers: authorized insurers must give Georgia minimum limits to their insureds in Georgia accidents (33-34-3(a)(2)).
  • Proof of insurance:
    • Keep it in the vehicle, on paper or electronically (40-6-10).
    • Within 30 days of applying, a written binder is acceptable proof.
    • The in-vehicle requirement doesn't apply if the state database shows coverage.
    • Driving without proof is a misdemeanor: $200 to $1,000, and up to 12 months in jail.
  • Physical damage coverage isn't required by law, but lenders usually require it.
  • Proof of future financial responsibility: an insurer's certificate or an accepted self-insurance plan, kept for one year (40-9-80).
  • Reportable accidents under the Act involve death, injury, or property damage of $500 or more (40-9-2).

Uninsured motorist (33-7-11)

  • Required unless rejected: UM is included in every Georgia auto liability policy unless a named insured rejects it in writing. Once rejected, it needn't be added at renewal.
  • Limits: at least 25/50/25, or equal to the liability limits if those are higher. The insured may choose lower UM limits in writing.
  • Two types of UM:
    • Added-on (the default): UM pays on top of the at-fault driver's liability coverage, up to the insured's UM limits and total damages.
    • Reduced-by (selected in writing): UM pays only the difference between the at-fault driver's limits and the UM limits.
  • Who is insured: the named insured, resident spouse and relatives, anyone using the car with permission, guests in it, and court-placed foster children or wards.
  • Uninsured vehicles include one whose insurer denies coverage or is insolvent.
  • Hit-and-run (unknown driver): claims require physical contact, unless an eyewitness other than the claimant backs up the claimant's account.
  • Deductibles: UM deductibles of $250, $500 or $1,000 are available. None below $250.
  • Lawsuits: a copy of any suit against the uninsured driver must be served on the UM insurer.
  • Umbrella policies don't have to include UM unless they say so.

Cancellation and nonrenewal (33-24-45)

  • Allowed reasons: once a policy has been in force 60 days, or is a renewal, it can be canceled only for statutory reasons, such as:
    • nonpayment
    • material misrepresentation or a fraudulent claim
    • failure to disclose the past 36 months of accidents and violations when asked
    • a household driver's license suspension or revocation within 36 months
    • carrying passengers for hire. A car pool is not for hire.
  • Notice periods:
    • 10 days for nonpayment
    • 30 days for nonrenewal, with the reasons in writing
  • Not covered by this section:
    • assigned risk plan policies
    • policies covering more than four cars
    • garage operations
    • a policy with a term under six months is treated as having successive six-month terms
  • Prohibited nonrenewal reasons:
    • age, sex, location within the state, race, creed, national origin, ancestry or marital status
    • two or fewer not-at-fault accidents, UM, comprehensive or towing claims in 36 months
    • accidents or violations more than 36 months old
    • claims in the past 36 months totaling no more than $750
    • one at-fault claim if coverage has been continuous for 36 months, or two at-fault claims after 72 months
  • No surcharge or cancellation for a not-at-fault multi-vehicle accident (33-9-40).
  • Commissioner review:
    • The insured may ask the Commissioner to review a cancellation or nonrenewal within 15 days of the notice.
    • The review is decided within 30 days, and the policy stays in force meanwhile.
    • If the cancellation is upheld, coverage ends no sooner than 5 days after the decision.
  • Coverage reductions need a separate notice titled "NOTICE OF REDUCTION IN COVERAGE" at least 30 days ahead.
  • Cancellation and nonrenewal notices tell the insured about the Georgia Automobile Insurance Plan.

Discounts and claims

  • Defensive driving: insurers must offer at least 10% off liability, medical payments and collision (33-9-42).
    • Drivers 25+ need a clean three-year record and a course of at least six hours.
    • Younger drivers need a clean three-year record, 30 classroom hours and six hours of practical training.
    • The discount lasts three years.
  • Good students: unmarried, full-time students under 25 with a B (3.0) average, top 20% class rank, or dean's list (33-9-43).
  • Aftermarket parts: estimates must identify each non-OEM crash part, with a disclosure in at least 10-point type (33-6-5(13)).
  • Property damage bad faith: if a claimant's demand sent by certified mail is refused for 60 days and the claimant later recovers at least that amount, the insurer is liable (33-4-7).

Assigned risk

  • The Georgia Automobile Insurance Plan apportions drivers who can't get coverage normally among all auto insurers (40-9-100).
  • A driver with no offenses or fault claims for three years isn't eligible unless the application shows a reason he can't get coverage elsewhere.
  • Appeals go to the plan's governing committee, then to the Commissioner.

PAP points tested in Georgia

  • Transportation expenses (Part D): $30 a day, up to $900, no deductible.
  • Newly acquired autos: an additional vehicle must be reported within 14 days for coverage to continue.
  • Territory: the U.S., its territories and possessions, Puerto Rico and Canada.

Exam traps

  • Limits are 25/50/25. Georgia is tort, with no PIP.
  • UM is added-on by default. Reduced-by coverage must be selected in writing.
  • Nonrenewal takes 30 days' notice, nonpayment 10 days. A review request must be made within 15 days.
  • An insured with coverage for 36 months can't be nonrenewed for one at-fault claim.

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