What material terms must a policy-limits demand include under O.C.G.A. § 9-11-67.1?

· 3 min read

Georgia’s settlement-offer statute lays out specific contents a pre-suit demand must carry before it can bind an insurer on a motor-vehicle injury claim. When a demand is prepared by or with the help of an attorney and sent before any lawsuit is filed, O.C.G.A. § 9-11-67.1 controls what that writing has to say for an acceptance to form an enforceable agreement.

The terms the statute names

The law treats certain items as “material terms” that the offer must contain. A compliant pre-suit demand on this kind of claim generally must:

  • Be in writing and sent by certified mail or statutory overnight delivery, return receipt requested.
  • Give a deadline to accept that is not less than 30 days from the insurer’s receipt of the offer.
  • State the amount of the claimed monetary payment, usually the available policy limits.
  • Identify the type of release the claimant will provide to each releasee, and if it is a limited release, itemize what it covers.
  • Name the party or parties to be released and the claims that will be released.
  • State the date by which payment must be made, which the statute requires to be no sooner than 40 days from the insurer’s receipt of the offer.
  • Include the medical or other records in the offeror’s possession, incurred as a result of the claim, that let the recipient evaluate it.
  • Specifically reference the Code section so the recipient knows the offer is made under it.

These elements let the carrier know exactly what it is buying with its money and what the claimant promises to sign in return.

Why each piece matters

The statute exists to prevent one-sided demands that try to manufacture a missed deadline. By forcing the offer to spell out the release, the parties, the deadline, the payment terms, and supporting records, the law gives the insurer a fair, concrete chance to evaluate and perform. A 2021 revision also makes these the only conditions a demand may impose without the recipient’s written consent, so an offer that omits a required term or piles on extra ones invites a dispute over whether a binding contract ever formed when the carrier tries to accept and pay.

Because these claims arise from motor-vehicle use, the statute does not reach every kind of injury demand. It applies to personal-injury, bodily-injury, and death claims connected to the use of a motor vehicle, so a demand outside that category is governed by ordinary contract rules rather than this section’s checklist.

The bottom line

A policy-limits demand under § 9-11-67.1 is not a free-form letter. It must, in writing and through the required delivery method, set the acceptance deadline, the payment amount and timing, the release terms, the parties and claims released, and the supporting records, while pointing to the statute itself. Leaving out a material term can become the very issue a later fight turns on, which is why these letters are drafted with the statutory list in hand.

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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