Georgia total-loss rules

§ 40-3-36 (2024) also sets no repair-cost-to-value percentage; it keys salvage titling to damage to front clip, rear clip, frame or complete side. Rule 120-2-52.06 leaves the total-loss determination to the insurer ('If the insurer determines the insured vehicle to be a total loss').

Method 4 (database) must give 'primary consideration to the values of vehicles in the local market area' and cover 85% of makes and models for 15 model years. Authority: O.C.G.A. §§ 33-2-9, 33-34-8.

Unlike FL § 626.9743(5)(c), Georgia's rule has no clause requiring deductions/adjustments to be itemized or explained in writing. Sources for comps 'may include dealer's sales price, any established printed automobile sales publication or newspaper.'

Rule 120-2-52.06 requires the insurer's claim file to document a replacement vehicle (VIN, options) but does not oblige disclosure of the valuation to the insured. O.C.G.A. § 33-6-34(7): 'When requested by the insured in writing, failing to affirm or deny coverage of claims within a reasonable time'.

Georgia replaced sales tax on vehicles with the Title Ad Valorem Tax (TAVT, O.C.G.A. § 48-5C-1); the rule's 'applicable taxes' language predates TAVT (1994) but is applied to it. The Department of Revenue's own TAVT guidance has not been read, so the mechanics of how TAVT is credited on a total loss are not recorded here.

Also applies under the replacement-vehicle method: 'including all applicable taxes, license fees, and other fees necessary to transfer ownership.'

'Any claim settled pursuant to this Chapter shall be binding on both parties and fulfill any arbitration provision currently contained in the motor vehicle insurance policy'. The panel exists only 'if an arbitration panel has been established' — confirm current OCI practice. Policy appraisal clause terms are not regulated by statute.

(1): 'within fifteen (15) days, acknowledge the receipt of such notice by the insured, unless payment is made within that time period.' (4): 'Payment shall be tendered within ten (10) days after coverage is confirmed and the full amount of the claim is determined and not in dispute.' (5): total time to accept/deny 'shall not exceed 60 days from the company being notified of the claim' absent documented missing information. Statutory bad-faith penalty: O.C.G.A. § 33-4-6 (60-day demand; not retrieved).

§ 33-6-34(6): 'Refusing to pay claims without conducting a reasonable investigation'; (1): 'Knowingly misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue'. Acts are unfair practices 'when committed as provided in Code Section 33-6-33' (frequency/general business practice). Rule chapter authority: O.C.G.A. § 33-34-8 (retrieved): Commissioner 'shall provide by rule or regulation procedures for the expeditious and efficient settlement of first-party property damage claims under personal private passenger motor vehicle policies.'

Georgia courts enforce shorter contractual suit-limitation clauses in insurance policies (commonly 1-2 years); check the policy.

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