In the wake of escalating auto insurance rates in Georgia, a small but significant legal reform could signal the beginning of relief for drivers across the state - if the House would take action…
Georgia Senate Bill 547 (SB547), aimed at amending the so-called "seatbelt gag rule," represents a commonsense approach to addressing a critical issue that affects thousands of Georgians: a legal environment that has compounded the spiraling cost of auto insurance.
Georgia drivers have been grappling with an unprecedented increase in auto insurance premiums, with an average hike of 29% reported in 2023 alone. This surge is not merely a reflection of market dynamics but underscores deeper systemic issues within Georgia's legal and regulatory frameworks. The Independent Insurance Agents of Georgia (IIAG) have highlighted how the current legal climate has pressured insurance companies to either limit their operations or exit the state entirely, exacerbating the burden on consumers.
Recent studies have shown a significant link between Georgia's absence of civil justice or tort reform and the rising costs of auto insurance. Advocates for consumers argue that this absence has resulted in a scenario where there are minimal constraints on the capacity of plaintiff's lawyers to escalate settlement and verdict costs, which in turn increase insurance rates.
In this legislative session, some civil justice reforms have been passed, particularly focused on the trucking sector, yet a wider strategy aimed at benefiting consumers is still missing. Observers are puzzled as to why, despite the general alarm over soaring insurance premiums, the priorities of consumers are being overlooked in favor of reforms focused on specific industries.
At the heart of this issue is the state's "seatbelt gag rule," a law that currently prevents the use in court of evidence that a person was not wearing a seatbelt at the time of a car accident. This rule has significant implications for personal injury lawsuits, affecting the admissibility of evidence and potentially skewing the outcomes of such cases. Critics argue that this rule contributes to excessive litigation and higher civil awards, leading to increased insurance rates for all Georgians.
Georgia SB547 proposes to make the failure to wear a safety belt or safety restraints for children admissible as evidence in civil actions. This would allow for a more comprehensive assessment of issues such as failure to mitigate damages and assumption of risk, among others. The Georgia Supreme Court, in the 2022 Domingue v. Ford Motor Company case, has already signaled the need for legislative action on this matter, emphasizing the importance of allowing all relevant evidence to be presented in the interest of fairness and justice.
The passage of SB547 through the Senate and its current consideration in the House represents a crucial step toward remedying the distorted legal environment that has contributed to the insurance rate crisis in Georgia. This reform, while seemingly small, carries the potential for widespread positive impact. By addressing the seatbelt gag rule, Georgia can move toward a more balanced and just legal system that considers all aspects of a case, thereby mitigating the factors that have led to inflated insurance costs.
This session, the Georgia House has already passed civil justice carve-outs for specific industries. They now must take action on behalf of all Georgians and pass this simple, commonsense reform.
Repealing the “seatbelt gag rule” in Georgia would be a move towards greater accountability, safety, and fairness for all Georgians. As such, it is a reform that deserves widespread support and swift action.