Claims involving a Georgia government truck

Notice of claim against the state

O.C.G.A. 50-21-26(a) provides that "No person, firm, or corporation having a tort claim against the state under this article shall bring any action against the state upon such claim without first giving notice" in the manner the subsection sets out. Section 50-21-26(a) applies that requirement to truck drivers as to any other person holding a tort claim against the state under the article. Under Section 50-21-26(a)(1), notice of a claim is given in writing "within 12 months of the date the loss was discovered or should have been discovered." For tort claims and causes of action that accrued between January 1, 1991, and July 1, 1992, the subsection set the deadline at 12 months after July 1, 1992. Court decisions decide when the notice period in Section 50-21-26(a)(1) begins to run, and this entry does not cover those decisions. In claims involving a Georgia government truck that are tort claims against the state under the article, the same written notice period applies, measured from the discovery date that Section 50-21-26(a)(1) describes.^[1]

Section 50-21-26(a)(2) sets the delivery method. The written notice is mailed by certified mail or statutory overnight delivery, return receipt requested, or it is delivered personally to the Risk Management Division of the Department of Administrative Services with a receipt obtained. When a truck crash gives rise to such a tort claim, the notice reaches the Risk Management Division by one of these methods. A copy also goes, by personal delivery or first-class mail, to the state government entity whose acts or omissions are asserted as the basis of the claim. Each state government entity may designate an office or officer within that entity to whom a notice of claim is to be delivered or mailed.^[1]

Section 50-21-26(a)(3) provides that no action against the state under the article shall be commenced, and "the courts shall have no jurisdiction thereof unless and until a written notice of claim has been timely presented to the state as provided in this subsection." A truck crash claim covered by Section 50-21-26(a)(3) is therefore subject to this timely written notice requirement before a court has jurisdiction over it.^[1]

Section 50-21-26(a)(5) provides that a notice of claim shall state, "to the extent of the claimant's knowledge and belief and as may be practicable under the circumstances," certain listed matters. Subparagraph (A) calls for the name of the state government entity whose acts or omissions are asserted as the basis of the claim. Subparagraph (B) calls for the time of the transaction or occurrence out of which the loss arose, and subparagraph (C) calls for the place of the transaction or occurrence. Subparagraph (D) calls for the nature of the loss suffered, and subparagraph (E) calls for the amount of the loss claimed. Subparagraph (F) calls for the acts or omissions which caused the loss. A truck accident notice of claim states these matters to the extent of the claimant's knowledge and belief.^[1]

Filing suit and investigation of state claims

Section 50-21-26(a)(4) provides that any complaint filed under the article has attached as exhibits a copy of the notice of claim presented to the Department of Administrative Services, together with the certified mail or statutory overnight delivery receipt or receipt for other delivery. In a truck accident complaint filed against the state under the article, these exhibits accompany the complaint. If the failure to attach the exhibits is not cured within 30 days after the state raises the issue by motion, the complaint "shall be dismissed without prejudice." Truck crashes that lead to a complaint under the article are subject to this cure period, which begins when the state raises the missing exhibits by motion.^[1]

Under Section 50-21-26(b), after a notice of claim is presented, no action may be commenced under the article until either the Department of Administrative Services has denied the claim or more than 90 days have elapsed after presentation of the notice of claim without action by the department, whichever occurs first. For truck accidents, the 90 days are counted after the notice of claim is presented and run without action by the Department of Administrative Services. For claims involving a Georgia government truck brought against the state under the article, this waiting period follows the notice step that Section 50-21-26(a) requires.^[1]

Section 50-21-26(c) gives the Department of Administrative Services authority to examine and copy any records of any state government entity to facilitate the investigation of a claim. Each state government entity makes such records available to the department, incidental to an investigation, notwithstanding any other provision of law that designates them as confidential or prohibits their disclosure. The department remains bound by such a provision and "shall not make further disclosure of such records except as permitted by such provision of law." For a truck crash claim under Section 50-21-26, this authority extends to any records of any state government entity. The department may enforce the authority by subpoena, which the Superior Court of Fulton County, Georgia, may enforce upon application by the department in the same manner as subpoenas issued under the Georgia Administrative Procedure Act.^[1]

Under Section 50-21-26(d), any document or information gathered or prepared by the Department of Administrative Services in connection with the investigation undertaken as a result of the notice of claim "shall be considered privileged and confidential" and is not subject to discovery by any claimant in any proceeding under the article "except as otherwise provided by law." In truck crashes that give rise to a notice of claim against the state, this protection covers the department's investigation materials, subject to that same exception.^[1]

Presentation of claims against counties

O.C.G.A. 36-11-1 provides that "All claims against counties must be presented within 12 months after they accrue or become payable or the same are barred." The same section provides that minors or other persons laboring under disabilities "shall be allowed 12 months after the removal of the disability to present their claims." For claims involving a Georgia government truck that run against a county, these are the presentation periods the section states.^[2]

Because Section 36-11-1 states its rule for all claims against counties, a claim against a county arising from a truck accident is presented within 12 months after it accrues or becomes payable, and the extension for minors and persons laboring under disabilities applies on the same terms. For truck crashes, a claim against a county that is not presented within 12 months after it accrues or becomes payable is barred under Section 36-11-1, subject to the extension for minors and persons laboring under disabilities. Court decisions decide when a claim accrues under Section 36-11-1 and how its disability provision applies, and this entry does not cover those decisions.^[2]

Written claims against municipal corporations

Under O.C.G.A. 36-33-5(a), a party having a claim for money damages against any municipal corporation on account of injuries to person or property may not bring an action for those injuries without first giving the notice the section provides. Section 36-33-5(a) reaches truck drivers in the same way as any other person, firm, or corporation holding such a claim against a municipal corporation. Section 36-33-5(b) provides that, within six months of the happening of the event upon which the claim is predicated, the claimant presents the claim in writing to the governing authority of the municipal corporation for adjustment. Under Section 36-33-5(b), the written claim states the time and the place of the injury, each as nearly as practicable. The claim also describes the extent of the injury "as nearly as practicable." It further states "the negligence which caused the injury." Under the same subsection, no action shall be entertained by the courts against the municipal corporation until the cause of action has first been presented to the governing authority for adjustment. For a truck crash, this presentation rule applies when the claim is one for money damages against a municipal corporation on account of injuries to person or property.^[3]

Under Section 36-33-5(c), the governing authority shall consider and act upon the claim within 30 days from the presentation. For a truck accident claim presented to a municipal corporation, the 30 days run from the presentation of the claim to the governing authority. The action of the governing authority, "unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts."^[3]

Section 36-33-5(d) provides that "The running of the statute of limitations shall be suspended" during the time that the demand for payment is pending before the authorities without action on their part. For a truck accident claim against a municipal corporation, the suspension covers only the period in which the demand is pending without action by those authorities.^[3]

Section 36-33-5(e) provides that the description of the extent of the injury required by subsection (b) shall include the specific amount of monetary damages being sought from the municipal corporation. A truck crash claim against a municipal corporation therefore states a specific amount of monetary damages in its description of the extent of the injury. The amount set forth in the claim "shall constitute an offer of compromise." If the claim is not settled by the municipal corporation and the claimant litigates it, the amount of monetary damage set forth in the claim is not binding on the claimant.^[3]

Under Section 36-33-5(f), a claim submitted under the section is served upon the mayor or the chairperson of the city council or city commission, as the case may be. Service may be made by delivering the claim to that official personally. It may also be made by certified mail or statutory overnight delivery. In claims involving a Georgia government truck that run against a municipal corporation, the claim is served on these city officials.^[3]

See also: Flanagan Law truck accident practice

See also

On related publications

• Georgia truck-crash law notes (truckaccidentlawyer.wiki)
• Liability and comparative fault in Georgia (caraccidentlawyers.wiki)