Can I make the at-fault insurer disclose the policy limits in Georgia?

· 3 min read

Yes. Georgia law gives an injured claimant a statutory right to obtain the at-fault driver’s coverage information, including the policy limits, by making a proper written request. O.C.G.A. § 33-3-28 requires liability insurers to disclose this information when the request follows the statute’s format.

The disclosure right

Under § 33-3-28, an insurer that provides liability coverage and may be liable on a claim must, within 60 days of receiving a qualifying written request from the claimant, provide a statement under oath identifying the insurer, naming each insured, and stating the limits of coverage for each known policy, including any excess or umbrella coverage. The insurer may instead provide a copy of the policy’s declarations page in place of the sworn statement.

This matters because the value of pursuing a claim, and decisions about settlement strategy, often depend on knowing how much coverage exists. Before this kind of disclosure right, an injured person could be negotiating in the dark about whether any recovery was realistically available.

Making the request correctly

The statute conditions disclosure on a properly made request. Generally, the claimant’s request must:

  • Be in writing and set forth, under oath, the specific nature of the claim being asserted.
  • Be sent to the insurer by certified mail or statutory overnight delivery.
  • Identify the matter clearly enough for the insurer to respond.

Once disclosure is made, the information must be corrected if the insurer later discovers facts that are inconsistent with or in addition to what it provided. That keeps the claimant from relying on outdated coverage figures.

The same statute reaches the at-fault driver directly. Within 30 days of a written request from a claimant or the claimant’s attorney, the insured must disclose the name of each known insurer that may be liable on the claim. That parallel duty closes a gap when the claimant knows who caused the harm but not which carrier is on the risk.

Limits of what the disclosure does

A claimant should understand what the statement does and does not establish. Section 33-3-28 provides that the coverage information furnished does not create a waiver of any coverage defense the insurer might otherwise raise, and the disclosure is not admissible in evidence unless it would be admissible under other Georgia law. In other words, learning the policy limits tells the claimant how much coverage exists on paper; it does not by itself resolve whether the insurer ultimately owes that amount, nor does it hand the claimant a trial exhibit.

The bottom line

Georgia’s O.C.G.A. § 33-3-28 lets an injured claimant compel the at-fault driver’s liability insurer to disclose the policy limits and related coverage details through a sworn written request, with the insurer responding within 60 days. Following the statute’s format, including the oath and certified delivery, is what triggers the obligation and reveals how much coverage may be available.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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