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Georgia Court reaffirms enforceable auto claim settlements

8/3/26

By: Meredith Freidheim and Lee Whatling

Squires v. Vincent, 928 S.E.2d 276 (Ga. Ct. App. 2026), is one of a recent flurry of cases involving the 2021 version of Georgia’s statute governing offers to settle injuries arising from auto collisions, O.C.G.A. § 9-11-67.1. That statute, which was amended again in 2024, mandated that pre-answer offers to settle such injuries were governed by the statute which listed the only material terms that could be included in the offer. Vincent attempted to circumvent the statute by stating his offer was “made pursuant to and governed by common law,” not the statute. In response, the insurer accepted only the material terms outlined in the statute.

The Court of Appeals rejected Vincent’s argument, finding its recent decision in Gomez v. USAA Casualty Insurance Company, 926 S.E.2d 687 (Ga. Ct. App. 2026), controlled. In Gomez, Freeman Mathis & Gary partner, Shawn Bingham, obtained the decision that the insurer’s acceptance of the statutory material terms created an enforceable settlement agreement, foreclosing extracontractual damages, irrespective of the claimant’s intent to proceed only under the “common law.” Because this mirrored the offer and acceptance in Squires, the Court of Appeals simply applied that ruling in finding a binding settlement.

With this, Squires represents yet another decision supporting the Georgia legislature’s tort-reform efforts.

For more information on this topic contact Meredith Freidheim at meredith.freidheim@fmglaw.com, Lee Whatling at lee.whatling@fmglaw.com or your local FMG Law attorney.

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