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Publication Date

5-7-2026

Document Type

Article

Abstract

A direct action is a lawsuit in which an injured claimant sues the alleged tortfeasor’s liability insurer directly—often joining the insurer as a defendant alongside—or instead of—the insured. Such suits are typically based on a statute or policy provision that authorizes that suit before the claimant has obtained a judgment against the insured.

Direct actions are generally not allowed in Georgia; however, there are specific statutory exceptions permitting direct actions under certain circumstances. One such statutory exemption was made for direct actions against liability insurers of motor carriers. Until the enactment of S.B. 426 in 2024, direct actions against the insurers of motor carriers were permitted—and were commonplace—in Georgia. This new law substantially narrows the opportunities for direct actions against motor carriers’ insurers, changing a law that had been on the books for over eighty years. The 2024 amendments represent a dramatic shift from Georgia’s historically plaintiff-friendly approach.

This Article offers a practice-oriented roadmap for litigation motor carrier cases in Georgia in the “post-S.B. 426” landscape. Emphasis is placed on (1) how courts are treating the Act’s prospective-only applicability; (2) what “reasonable diligence” in personal service likely means in this context; (3) pleading, proof, and motion practice strategies for both sides; and (4) open questions that will shape the next wave of decisions.

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