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2020 Georgia Code
Title 33 - Insurance
Chapter 34 - Motor Vehicle Accident Reparations
§ 33-34-9. Proceeds of Insurance Policy; Limited Access by Insurers to Records

Universal Citation: GA Code § 33-34-9 (2020)
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  1. Notwithstanding any other provision of law, in any claim involving a total loss of a vehicle which is subject to more than one lien, the proceeds of an insurance policy shall be applied to pay in full the debt owed to the senior lienholder before any proceeds of an insurance policy shall be applied to any other lien on the vehicle.
  2. For the purpose of implementing this Code section, at the discretion of the state revenue commissioner, an insurer may be granted access via electronic means to individual motor vehicle records.Any such access shall be in accordance with Code Section 40-3-23, and the Department of Revenue shall establish the application and approval process before allowing any such access.The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle owner's name, vehicle information, and any recorded security interests or liens as shown on the records of the Department of Revenue.

(Code 1981, §33-34-9, enacted by Ga. L. 2002, p. 848, § 1; Ga. L. 2005, p. 334, § 13-2/HB 501.)

Cross references.

- Payment of proceeds of insurance policy where multiple liens on vehicle, § 40-3-61.

OPINIONS OF THE ATTORNEY GENERAL

Access to information in Registration and Title Information System.

- The Department of Revenue is authorized to provide access to the information contained in the Georgia Registration and Title Information System only for the purposes mandated by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., or to those state agencies designated in O.C.G.A. §§ 33-34-9,40-2-130(c), and40-3-23(d). 2008 Op. Att'y Gen. No. 2008-2.

CHAPTER 34A VEHICLE PROTECTION PRODUCT WARRANTIES

Sec.

  • 33-34A-1. Short title.
  • 33-34A-2. Definitions.
  • 33-34A-3. Compliance with chapter; vehicle manufacturers not required to comply.
  • 33-34A-4. Representation as warrantor; filing of registration records; fees; renewal of registration.
  • 33-34A-5. Required warranty reimbursement insurance policy.
  • 33-34A-6. Conditions for warranty reimbursement insurance policies.
  • 33-34A-7. Required statements in warranty; required information to be provided to purchaser.
  • 33-34A-8. Cancellation of vehicle protection product; written notice of cancellation.
  • 33-34A-9. Prohibited words in product contract; false or misleading statements prohibited; requiring as condition for loan prohibited.
  • 33-34A-10. Required records; period of retention; examination by Commissioner.
  • 33-34A-11. Examinations by Commissioner; enforcement; opportunity for a hearing; burden on Commissioner to show justification; penalty for violations.
  • 33-34A-12. Adoption of rules and regulations.
  • 33-34A-13. Applicability [Repealed].
Cross references.

- "Lemon law," § 10-1-782 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, § 625 et seq.

C.J.S.

- 21 C.J.S., Credit Reporting Agencies; Consumer Protection, § 60. 46 C.J.S., Insurance, §§ 1397, 1398.

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