Recorded Statements and Early Settlement Offers in Georgia

Recorded Statements and Early Settlement Offers in Georgia. O.C.G.A. § 33-4-6(a) (2025): if a covered loss is not paid within 60 days after a demand by the policyholder and a finding is made that the refusal was in bad faith, the insurer is liable for the loss plus not more than 50% of the insurer's liability or $5,000, whichever is greater, and reasonable attorney's fees. Call (470) 852-6328. Cooper Law publishes no case results.

Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026

Recorded statements vs. your own policy

Other driver's insurer

O.C.G.A. § 33-4-6(a) (2025): if a covered loss is not paid within 60 days after a demand by the policyholder and a finding is made that the refusal was in bad faith, the insurer is liable for the loss plus not more than 50% of the insurer's liability or $5,000, whichever is greater, and reasonable attorney's fees. The bad-faith action is not abated by payment after 60 days.

§ 33-4-6 is the first-party statute (the holder of the policy vs. that holder's insurer). It is not a general penalty against the other driver's insurer.

Do not tell readers they can collect a 50% penalty from the at-fault carrier under this section.

O.C.G.A. § 9-11-67.1(a) (2025): any offer to settle a tort claim for personal injury, bodily injury or death arising from a motor vehicle collision is an offer to enter into a bilateral contract. Pre-answer attorney-prepared offers must be in writing and include specified terms, including a payment date not less than 40 days from receipt of the offer.

§ 9-11-67.1(i): there shall be no civil action arising from an alleged failure to settle where the recipient, on or before the dates specified, provides a writing that purports to accept the material terms (except amount of payment), a sworn insurance-coverage statement if required, and payment of the lesser of the amount demanded or available BI limits. SB 83 (signed April 22, 2024) created this safe harbor.

Your insurer's cooperation clause

Southern General Ins. Co. v.

Holt, 262 Ga. 267 (1992), is the framework for an insurer's extra-contractual exposure for failing to settle within limits when it had a reasonable opportunity. § 9-11-67.1 was enacted (2013, revised 2021 and 2024) to regulate time-limited auto demands.

A recorded statement to the other driver's insurer is not required by these statutes. Anything said can be used on comparative fault under § 51-12-33.

This page does not tell a reader to refuse their own insurer if the policy requires cooperation — that is a policy-language issue.

Early settlement offers should be read against § 9-11-67.1's bilateral-contract and 40-day payment rules if an attorney prepares a pre-answer auto offer. A layperson signing a full release in the first week can extinguish claims they do not yet understand — this is a warning, not a valuation.

O.C.G.A. § 33-4-6: First-party bad faith: 60-day demand, then up to 50% or $5,000 plus fees if refusal is in bad faith.

O.C.G.A. § 9-11-67.1: Pre-answer auto settlement offers are bilateral contracts with statutory material terms and a 40-day payment floor.

§ 33-4-6 is first-party only

60 days

Cooper Law has no published results. The firm will not promise that a bad-faith claim exists.

50% or $5,000

(470) 852-6328.

Time-limited demands after 2024

§ 9-11-67.1 as amended by SB 83.

Georgia law that applies

• O.C.G.A. § 33-4-6 — First-party bad faith: 60-day demand, then up to 50% or $5,000 plus fees if refusal is in bad faith.
• O.C.G.A. § 9-11-67.1 — Pre-answer auto settlement offers are bilateral contracts with statutory material terms and a 40-day payment floor.

Attorney advertising. This is general information about Georgia law, not legal advice for a particular person, and it does not create a lawyer-client relationship.

Related pages

Related Cooper Law pages:

• car accident lawyer
• contact Cooper Law

Sources: O.C.G.A. § 33-4-6 (2025) - Justia · O.C.G.A. § 9-11-67.1 (2025) - Justia · Taft - SB 83 overhaul of § 9-11-67.1 (summarizes Holt + 2024 amendments; statute text is on Justia) · O.C.G.A. § 51-12-33 · Cooper Law

The firm

Omar A. Cooper, Esq.; 260 Peachtree St NW; (470) 852-6328. Attorney advertising disclaimer required.

Where these facts were opened

Each fact on this page was opened at the source listed in the verified brief. O.C.G.A. § 33-4-6 (2025) - Justia; O.C.G.A. § 9-11-67.1 (2025) - Justia; Taft - SB 83 overhaul of § 9-11-67.1 (summarizes Holt + 2024 amendments; statute text is on Justia); O.C.G.A. § 51-12-33; Cooper Law.

O.C.G.A. § 33-4-6(a) (2025): if a covered loss is not paid within 60 days after a demand by the policyholder and a finding is made that the refusal was in bad faith, the insurer is liable for the loss plus not more than 50% of the insurer's liability or $5,000, whichever is. Opened at O.C.G.A. § 33-4-6 (2025) - Justia.

§ 33-4-6 is the first-party statute (the holder of the policy vs. that holder's insurer). It is not a general penalty against the other driver's insurer. Do not tell readers they can collect a 50% penalty from the at-fault carrier under this section. Opened at O.C.G.A. § 33-4-6.

O.C.G.A. § 9-11-67.1(a) (2025): any offer to settle a tort claim for personal injury, bodily injury or death arising from a motor vehicle collision is an offer to enter into a bilateral contract. Pre-answer attorney-prepared offers must be in writing and include specified terms,. Opened at O.C.G.A. § 9-11-67.1 (2025) - Justia.

§ 9-11-67.1(i): there shall be no civil action arising from an alleged failure to settle where the recipient, on or before the dates specified, provides a writing that purports to accept the material terms (except amount of payment), a sworn insurance-coverage statement if. Opened at O.C.G.A. § 9-11-67.1(i).

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