Georgia state senator calls for higher settlement caps in officer-involved crashes following WTOC Investigation
Editor’s note: The playlist above includes previous stories in this investigation.
SAVANNAH, Ga. (WTOC) - A Georgia state senator is calling for the General Assembly to raise settlement caps for victims of police crashes following a WTOC Investigation.
Democratic State Senator Derek Mallow said he was “disheartened” after learning about cases where victims’ medical bills exceeded the state-mandated settlement cap. Under Georgia law, the maximum amount of money victims of crashes with police officers can receive is $500,000.
“$500,000 in today’s timeframe with the increased costs of medical care, medical coverage, and what folks may have may not be adequate. And it might be time for the General Assembly to look at that,” Mallow said.
Current state law limits recovery
READ: Savannah police crash victims face $500k settlement cap despite higher accident rates
Under Georgia law, $500,000 is the maximum amount an individual involved in an accident with a police officer or another government entity can recover through the claims process, unless a municipality carries higher coverage. Mallow says most cities choose not to carry higher coverage.
The settlement cap was last raised in 2008, when it increased from $250,000 to the current $500,000 limit.
Mallow said he believes there needs to be insurance reform in general and advocated for that during this past legislative session when significant tort reform legislation was passed.
“One of the gentlemen lost his legs in an accident and his medical bills exceeded the $500,000. And I was disheartened by that because I am definitely a proponent of making people whole,” Mallow said, referencing Luther Roberts’ case, uncovered by WTOC Investigates.
Roberts’ case highlights inadequacy
READ: Savannah Police Department officers get into car crashes at double the rate of Atlanta officers
Roberts was hit by a Savannah Police Department officer in 2019, causing him to lose his leg and spend months in a coma. He received the maximum $500,000 settlement from the City of Savannah.
“It didn’t even take care of the past medical needs. So, I still have bills from the accident, let alone the treatments that I still need. So, I, we have to pay for it,” Roberts said.
Roberts is one of three people who received the maximum settlement from Savannah since 2019. The city has settled claims with 216 people after crashes involving SPD officers since 2019, paying out close to $4 million total.
Personal injury attorney Maria Justus, who has litigated cases like Roberts’, said victims can still try to sue but it’s not always realistic due to immediate financial needs.
“A lot of times, it’s the immediacy of the need. You know, they’ve been out of work, or they have medical bills, or other things that they have to tend to financially as a result of the wreck,” Justus said.
Cities use self-insurance to limit costs
The City of Savannah utilizes self-insurance, which comes with the $500,000 settlement cap, as a cost-saving measure. The city says purchasing outside insurance for its entire fleet would cost over $5 million annually.
On average over the last six years, Savannah has paid out an estimated $650,000 in claims for police vehicle accidents each year.
Attorney calls for legislative change
Justus said she has seen cases where $500,000 doesn’t cover all medical bills and is calling on state legislators to make changes.
“We elect people and people, you know, in the General Assembly to determine these amounts. Our sincere hope is that the needs of the people in which that they affect are taken into account. Perhaps those numbers don’t need to be what they are today and by what we’re seeing happening,” she said.
The calls for reform come after a WTOC investigation found that Savannah Police Department officers get into crashes at over double the rate of Atlanta Police Department officers.
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