stacking insurance policys

Posted: Tue May 22, 2012 12:32 pm Post Subject:

Georgia law is complex when it comes to stacking UMBI coverage, and there is not enough information here to respond properly. You probably need to consult an attorney experienced in Georgia Auto Insurance law for some advice. You should not have to sign a retainer agreement in order to buy an hour of consultation time. Pay the $200-$300 and perhaps save tens of thousands.

When you retain legal counsel, you will give up 30%-45% of the recovery to the attorney -- which could mean the attorney walks away with more money than the injured party after all the other bills are paid. Once you know whether stacking can be done in your situation, you can probably handle the claim yourself.

A person only needs an attorney when there is an impasse with the insurance company and litigation is inevitable. Don't hire an attorney until it's absolutely necessary! It is NOT the first thing a person needs to do.

Posted: Wed May 23, 2012 03:07 am Post Subject:

Please note, that Georgia law might not control the answer to this question, even though the accident occurred in Georgia. If the insurance policy was issued in Illinois, it is likely that Illinois law governs. You should start by looking at the language of your policy, it will indicate whether or not stacking is permitted. If it does contain anti-stacking language, that language is enforceable in Illinois. http://www.namic.org/Home/ReadArticle/1c68b453-2c47-4efc-a3f4-0c32a12d29d2

You may wish to consult with an Illinois attorney.

Posted: Wed May 23, 2012 04:54 am Post Subject:

Most auto policies include language that conforms the provisions of the contract to the laws of the state in which a loss occurs, such as minimum liability limits, and this probably applies to UMBI/UMPD and stacking as well if those provisions are more liberal in Georgia than in Illinois. A Georgia personal injury attorney may be the better resource in this matter.

Then again, if the OP is an Illinois resident, this whole matter could wind up in federal court as a matter of diversity, and the court will determine which state's laws control.

Illinois insurance law does not permit stacking -- Georgia law does under specific guidelines. The rule of lex loci delicti generally holds that the law of the location where the tort occurs will control the choice of law under which a case is tried. If the Illinois policy includes the common "conformity with other states' statutes" provision, UMBI stacking should be allowed if the case is tried in Georgia/under Georgia law, as it should be.

Posted: Fri Mar 08, 2013 04:37 pm Post Subject:

Just a note: The person who advises you that you do not need an attorney is wrong. He works i the insurance industry.

Posted: Fri Mar 08, 2013 06:12 pm Post Subject:

I am not advising that someone never needs an attorney, but most people retain an attorney long before that is even necessary, and they lose 1/3 or more of what they would have had if they handled their claim by themselves.

Listening to ads from attorneys on radio and TV would lead a person to believe that's the first thing they need to do in the event of a personal injury.

When you and your insurance company (or the insurance company of a third party) cannot come to an amicable resolution of your claim, then, and only then, is an attorney probably needed.

This has nothing to do with being an agent. As an agent or as an analyst, I want to make sure my clients are fully and fairly compensated according to the terms of the insurance contract. When the insurance company fails in its responsibility to an insured/claimant, then I'm the first one to recommend an attorney for bad faith or breach of contract litigation. But that's a very different matter.

Speaking from the perspective of the personal experiences of my own family members, friends, and others I have met or worked with, I can tell you, without question, an attorney is the last resort, not the first.