Legal Tip of the Day-Confession of Judgement by Uninsured Motorist - TopicsExpress

Legal Tip of the Day-Confession of Judgement by Uninsured Motorist (Georgia Automobile Insurance Law) An uninsured motorist carrier has a statutory right to the "file pleadings and take other action allowable by law" in the name of the uninsured motorist. This right given by statute to the UM carrier, however, does not extend to control of the litigation that is contrary to the wishes and desires of the uninsured motorist. For example, the uninsured defendant may enter a confession of judgement over the objection of the UM carrier. Absent fraud or improper concert of action between the plaintiff and the uninsured defendant, any admissions or confession of judgement by the uninsured defendant will authorize the entry of a judgement against the uninsured defendant. Such judgement then may be submitted to the UM carrier for payment up to the available policy limit.

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