My loved one was killed in an accident. Can I sue the at-fault driver’s insurance company for bad faith?

My loved one was killed in an accident. Can I sue the at-fault driver’s insurance company for bad faith?

Yes, in certain circumstances. If the at-fault driver’s insurer had an opportunity to settle your wrongful death claim within policy limits — and refused to do so without a reasonable basis — you may have a bad faith claim against the insurer under the Holt doctrine (Southern General Ins. Co. v. Holt, 262 Ga. 267). This is known as a ‘failure to settle’ bad faith claim, and it can expose the insurer to liability far exceeding the original policy limits — including the full amount of any trial verdict. At Haug Barron Law Group, we have obtained a $30 million wrongful death verdict in DeKalb County State Court and know exactly how to leverage bad faith law in Georgia wrongful death cases.