2021 Georgia Code
Title 33 - Insurance
Chapter 34 - Motor Vehicle Accident Reparations
§ 33-34-6. Selection of Motor Vehicle Repair Facility

1. Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
2. No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilitiesin order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.

(Code 1981, §33-34-6, enacted by Ga. L. 1991, p. 1608, § 1.12; Ga. L. 1992, p. 2464, § 2; Ga. L. 1999, p. 834, § 2.)

- For annual survey of insurance law, see 56 Mercer L. Rev. 253 (2004).

JUDICIAL DECISIONS

No private cause of action.

- Dismissal of an auto repair shop's claim against an insurance company for violation of the Georgia Motor Vehicle Accident Reparations Act, O.C.G.A. § 33-34-1 et seq., was appropriate because there was no private cause of action under O.C.G.A. § 33-34-6. State Farm Mut. Auto. Ins. Co. v. Hernandez Auto Painting & Body Works, 312 Ga. App. 756, 719 S.E.2d 597 (2011).

RESEARCH REFERENCES

ALR.

- What constitutes bad faith on part of insurer rendering it liable for statutory penalty imposed for bad faith in failure to pay, or delay in paying, insured's claim - Particular grounds for denial of claim: risks, causes, and extent of loss, injury, disability, or death, 123 A.L.R.5th 259.