2022 Georgia Code
Title 33 - Insurance
Chapter 9 - Regulation of Rates, Underwriting Rules, and Related Organizations
§ 33-9-43. Reduction in Premiums for Motor Vehicle Liability, First-Party Medical, and Collision Coverage for Named Drivers Under 25 Years of Age

1. For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, first-party medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
   1. Is unmarried;
   2. Is enrolled as a full-time student in:
      1. High school;
      2. Academic courses in a college or university; or
      3. Vocational-technical school;
   3. Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person:
      1. Ranks scholastically in the upper 20 percent of the class;
      2. Has a “B” average or better;
      3. Has a 3.0 average or better; or
      4. Is on the “Dean’s List” or “Honor Roll”; and
   4. Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification.
2. Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer’s automobile rating plan.
3. An insurer shall not be required to offer the premium reduction provided in subsection (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
   1. Been involved in any motor vehicle accident in which that person has been determined to have been at fault;
   2. Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
      1. Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;
      2. Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
      3. Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or
   3. Had that person’s driver’s license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-67.1 and that suspension has not been reversed, if appealed from.

History. Code 1981, § 33-9-43 , enacted by Ga. L. 1991, p. 1608, § 1.7; Ga. L. 1992, p. 2564, § 14; Ga. L. 1995, p. 1348, § 1; Ga. L. 2019, p. 337, § 1-54/SB 132.

The 2019 amendment, effective July 1, 2019, deleted “on or after October 1, 1991” following “or renewed” in the introductory language of subsection (a).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1996, in subparagraph (a)(2)(C), “Vocational-technical” was substituted for “Vocational technical”.

Editor’s notes.

Ga. L. 1991, p. 1608, § 3.2, effective April 17, 1991, not codified by the General Assembly, provides: “(a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under motor vehicle insurance policies to be issued, issued for delivery, delivered, or renewed on and after October 1, 1991, with the Commissioner of Insurance for such examination and approval as is required by law. The Commissioner shall not approve such filings unless such filings contain optional medical payments coverage. Rates and rating plans for motor vehicle insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 15 percent, as compared to rates in effect for coverages required to be offered by the former ‘Georgia Motor Vehicle Accident Reparations Act,’ with the exception of physical damage coverages, as specified in paragraph (3) of subsection (a) of former Code Section 33-34-5 and third-party property damage coverages. On October 1, 1991, the Commissioner shall reduce by 15 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under motor vehicle insurance policies for which no filing has been received.

“(b) Any insurer aggrieved by the rate filing required pursuant to subsection (a) of this section may petition the Commissioner for a hearing to grant relief from the rate filing as the result of extraordinary circumstances. The insurer shall have the burden of proof to establish the extraordinary circumstances which justify relief. A hearing conducted pursuant to this subsection shall be conducted in accordance with the provisions of Chapter 2 of Title 33. Upon conclusion of any hearing conducted pursuant to this subsection, the Commissioner shall enter an order specifying the rates to be used by the insurer and shall indicate in his order all factors entering into a decision to relieve the insurer from full compliance with the provisions of subsection (a) of this section.”

Law reviews.

For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 298 (1992).