Chapter 9. REPORTING ACCIDENTS; GIVING PROOF OF FINANCIAL RESPONSIBILITY  

CROSS REFERENCES. --Settlement offers and agreement for personal injury, bodily injury, and death from motor vehicle, § 9-11-67.1. Requirements of motor vehicle liability policies, and coverage of claims against uninsured motorists, § 33-7-11. Motor vehicle accident reparations, T. 33, C. 34. Motor carrier bond or insurance, § 40-1-112. Insurance requirements for operation of motor vehicles generally, § 40-6-10. Insurance requirements for operation of motorcycles, § 40-6-11. Proof of financial responsibility regarding motorcycles, § 40-6-12. Prosecution of separate causes of action for personal injury and property damage caused by wrongful or negligent operation of motor vehicle, § 51-1-32 et seq.
 
ADMINISTRATIVE RULES AND REGULATIONS. --Safety responsibility, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Driver Services, Chapter 375-3-7.
   Accident reporting, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Driver Services, Chapter 375-6-2.
 
LAW REVIEWS. --For article advocating compulsory automobile insurance, see 19 Ga. B.J. 207 (1956). For article arguing against compulsory automobile insurance, see 19 Ga. B.J. 209 (1956). For article advocating moderate reform of auto accident compensation system prior to Georgia's adoption of Ch. 34, T. 33, see 5 Ga. St. B.J. 321 (1969).
   For comment on Shropshire v. Caylor, 94 Ga. App. 37, 93 S.E.2d 586 (1956), see 19 Ga. B.J. 527 (1957). For comment on Austin v. Smith, 96 Ga. App. 659, 101 S.E.2d 169 (1957), concerning gross negligence in relation to gratuitous automobile guest, see 20 Ga. B.J. 552 (1958). For comment on Frankel v. Cone, 214 Ga. 733, 107 S.E.2d 819 (1959), see 10 Mercer L. Rev. 338 (1959). For comment discussing the unconstitutionality of statutes imposing liability without fault, in light of Corley v. Lewless, 227 Ga. 745, 182 S.E.2d 766 (1971), see 9 Ga. St. B.J. 129 (1972).
 
JUDICIAL DECISIONS
   
 
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former Ga. L. 1951, p. 565 and former Code 1933, Ch. 68-3, which dealt with civil liability, are included in the annotations for this Code section.
 
CONSTITUTIONALITY. --Former Code 1933, Ch. 68-3 clearly violated the due process clause of both the federal and state Constitutions for the reason that the statute made the owner of a motor vehicle liable if the vehicle was being used in the prosecution of the business of, or for the benefit of, the owner, even though the vehicle was operated without notice to the owner, or without the owner's knowledge and consent, express or implied. Frankel v. Cone, 214 Ga. 733, 107 S.E.2d 819 (1959), overruled on other grounds, Lott Inv. Corp. v. Gerbing, 242 Ga. 90, 249 S.E.2d 561 (1978), commented on in 10 Mercer L. Rev. 338 (1959) (decided under former Code 1933, Ch. 68-3).
   Former Code 1933, Ch. 68-3 was unconstitutional. Redd v. Brisbon, 113 Ga. App. 23, 147 S.E.2d 15 (1966) (decided under former Code 1933, Ch. 68-3).
 
PURPOSE OF TRAFFIC LAWS. --Georgia lawmakers enacted traffic laws to address the problem of injury and damage, daily occurring in this state and elsewhere, resulting from the careless, incompetent, and unlawful operation of automobiles and other motor vehicles along the roads and highways. Jones v. Dixie Drive It Yourself Sys., 97 Ga. App. 669, 104 S.E.2d 497 (1958) (decided under former Code 1933, Ch. 68-3).
 
CHAPTER UNAMBIGUOUS. --Former Code 1933, Ch. 68-3, having clearly and plainly made the owner liable when the vehicle is negligently operated for the owner's benefit, is unambiguous and not open to any other construction. McElroy v. McCord, 213 Ga. 695, 100 S.E.2d 880 (1957) (decided under former Code 1933, Ch. 68-3).
 
OWNER LIABLE WHEN VEHICLE'S OPERATION TO OWNER'S SUBSTANTIAL BENEFIT. --Former Code 1933, Ch. 68-3 did not require that the operation of the vehicle be for the sole benefit of the owner, and must be construed so as to render the owner liable when the operation is a substantial benefit to the owner and rendered pursuant to the owner's procurement. The effect of this law was to extend the liability of owners of motor vehicles and to render the owners liable for the imputed negligence of another, since, under preexisting law, there would be no such liability, and in effect made proof of the benefit conferred on the owner the equivalent of proof of agency so as to impute the negligence of the operator to the owner. Shropshire v. Caylor, 94 Ga. App. 37, 93 S.E.2d 586 (1956), commented on in 19 Ga. B.J. 527 (1957). (decided under former Code 1933, Ch. 68-3).
 
ALLEGATION THAT DEFENDANT ACTED AS OWNER'S AGENT. --Allegation that the defendant was at the time of an automobile accident an agent and employee of the owner of the vehicle, acting within the course and scope of employment, with the express permission and consent, and for the benefit of the latter, is a sufficient allegation of agency to bind the owner for the tortious misconduct of the defendant. Belch v. Sprayberry, 97 Ga. App. 47, 101 S.E.2d 870 (1958) (decided under former Code 1933, Ch. 68-3).
 
ALLEGATION THAT OPERATOR HOLDS TITLE FOR BENEFIT OF DEFENDANT. --When, in an action growing out of the negligent operation of an automobile, the liability of the defendant is dependent upon the defendant's right to the possession, dominion, and control of the property, the mere allegation that the operator holds trust title to the property for the benefit and convenience of the defendant is insufficient to show such possession, dominion, and control on the part of the defendant as will sustain the action. Belch v. Sprayberry, 97 Ga. App. 47, 101 S.E.2d 870 (1958) (decided under former Code 1933, Ch. 68-3).
 
CIRCUMSTANCES UNDER WHICH DRIVER AGENT OF BAILEE. --When the owner of an automobile arranges with the owners of a certain service station to have the owner's car washed and greased and, by arrangement with an employee of the service station, the car is to be returned to the owner after the work on the car has been completed, the agreement to redeliver the car is a part of the contract of bailment and the car's driver is the agent of the bailee, not the bailor. Shropshire v. Caylor, 94 Ga. App. 37, 93 S.E.2d 586 (1956), commented on in 19 Ga. B.J. 527 (1957) (decided under former Code 1933, Ch. 68-3).
 
VERDICT AGAINST OWNER UNSUPPORTED BY EVIDENCE. --There being no evidence in an action for damages resulting from a tractor-car accident, direct or circumstantial, sufficient to authorize an inference that the owner knew of or consented to the owner's farm tractor being driven by the owner's grandson when the accident occurred, and no evidence as to a course of conduct from which such consent could be implied, the verdict against the owner was wholly without evidence to support the verdict. Powell v. Mauldin, 102 Ga. App. 606, 117 S.E.2d 234 (1960) (decided under former Code 1933, Ch. 68-3).
   
 
DUTIES AND ACTIONS OF DEPARTMENT IN SUSPENDING LICENSES CONSTITUTIONAL. --Duties and actions of the Department of Public Safety in suspending licenses under Ga. L. 1951, p. 565 when there is neither insurance nor financial ability to compensate others for damages from accidents are all clearly administrative, and therefore are not judicial, in violation of the state Constitution. Turmon v. Department of Pub. Safety, 222 Ga. 843, 152 S.E.2d 884 (1967) (decided under Ga. L. 1951, p. 565).
 
CHAPTER WISE, JUST, AND VALID. --Ga. L. 1951, p. 565, which attaches the penalty of withdrawing the license when a licensee is not complying with that law and is involved in a wreck, is wise, just, and valid. Turmon v. Department of Pub. Safety, 222 Ga. 843, 152 S.E.2d 884 (1967) (decided under Ga. L. 1951, p. 565).
 
PURPOSE OF INSURANCE CERTIFICATE. --Effect of a certificate issued to the Department of Public Safety by an insurance company, if that certificate states that a person has been issued an operator's policy, is to certify that the person has automobile liability insurance which covers the person while operating a motor vehicle, regardless of whether or not the motor vehicle is being used as a livery conveyance. Davis v. Reserve Ins. Co., 220 Ga. 335, 138 S.E.2d 657 (1964) (decided under Ga. L. 1951, p. 565).
 
INSURER BARRED FROM ASSERTING COVERAGE NONEXISTENT FOLLOWING CERTIFICATION. --An insurer will be barred from asserting that coverage does not exist under an automobile liability policy if the insurer has certified, in accordance with a financial responsibility law, that the policy issued to the insured does provide such coverage, and a driver's license is issued on the basis of the certificate. Davis v. Reserve Ins. Co., 220 Ga. 335, 138 S.E.2d 657 (1964) (decided under Ga. L. 1951, p. 565).
 
OPINIONS OF THE ATTORNEY GENERAL
 
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, opinions under Ga. L. 1951, p. 565 are included in the annotations for this Code section.
 
PERSONS IN MILITARY SERVICE. --Department is not precluded from implementing provisions of Ga. L. 1951, p. 565 against one in military service. 1969 Op. Att'y Gen. No. 69-428 (rendered under Ga. L. 1951, p. 565).
 
RESEARCH REFERENCES
 
ALR. --Responsibility of public officer for negligence of subordinate in operation of vehicle, 3 ALR 149.
   Dangerous instrumentality doctrine as applied to automobile, 16 ALR 270.
   Liability of employer for injuries inflicted by automobile while being driven by or for salesman or collector, 17 ALR 621; 29 ALR 470; 54 ALR 627; 107 ALR 419.
   Automobile liability insurance, 28 ALR 1301; 41 ALR 507.
   Liability of undertaker or funeral director for injury to passenger in vehicle furnished by former, 29 ALR 827.
   Civil rights and liabilities as affected by failure to comply with regulations as to registration of automobile or licensing of operator, 35 ALR 62; 38 ALR 1038; 43 ALR 1153; 54 ALR 374; 58 ALR 532; 61 ALR 1190; 78 ALR 1028; 87 ALR 1469; 111 ALR 1258; 163 ALR 1375.
   Automobiles: liability of owner for negligence of one to whom car is loaned or hired, 36 ALR 1137; 68 ALR 1008; 100 ALR 920; 168 ALR 1364.
   Civil rights and liabilities as affected by failure to comply with statute upon sale of motor vehicle, 37 ALR 1465; 52 ALR 701; 63 ALR 688; 94 ALR 948.
   Ownership of automobile as prima facie evidence of responsibility for negligence of person operating it, 42 ALR 898; 74 ALR 951; 96 ALR 634.
   Chauffeur in general employment of owner as servant for time being of owner, or of borrower of car, 42 ALR 1446.
   Liability for injury to child playing on or in proximity to automobile, 44 ALR 434.
   Liability of owner for negligence of one permitted by the former's servant, or member of his family, to drive automobile, 44 ALR 1382; 54 ALR 851; 98 ALR 1053; 134 ALR 974.
   Personal care required of one riding in an automobile driven by another as affecting his right to recover against third persons, 47 ALR 293; 63 ALR 1432; 90 ALR 984.
   Automobiles: liability of owner or operator for injury to guest, 47 ALR 327; 51 ALR 581; 61 ALR 1252; 65 ALR 952.
   Constitutionality and effect of statute relating to civil liability of person driving automobile while under influence of liquor, 56 ALR 327.
   Liability for damage or injury by skidding motor vehicle, 58 ALR 264; 113 ALR 1002.
   Driving automobile at a speed which prevents stopping within length of vision as negligence, 58 ALR 1493; 87 ALR 900; 97 ALR 546.
   Liability of master for injury to one whom servant, in violation of instructions, permits to ride on vehicle, 62 ALR 1167; 74 ALR 163.
   Owner's liability for injury by automobile while being used for servant's own pleasure or business, 68 ALR 1051; 51 ALR2d 8; 51 ALR2d 120; 52 ALR2d 350.
   Liability for injury in collision with automobile standing on wrong side of street or highway, 70 ALR 1021.
   Right, as against vehicle owner, of one not in his general employment injured while assisting in remedying conditions due to accident to automobile or truck in highway, 72 ALR 1283.
   Excessive speed of automobile as proximate cause of accident where it or colliding vehicle is on wrong side of road, 77 ALR 598.
   Liability for damages by vehicle trailers, 84 ALR 281.
   Automobiles: liability of parent for injury to or death of child's guest by negligent operation of car, 88 ALR 590.
   Liability of owner under "family purpose" doctrine, for injuries by automobile while being used by member of his family, 88 ALR 601; 100 ALR 1021; 132 ALR 981.
   What conduct in driving automobile amounts to wantonness, willfulness, or the like, precluding defense of contributory negligence, 92 ALR 1367; 119 ALR 654.
   What amounts to gross negligence, recklessness, or the like, within statute limiting liability of owner or operator of automobile for injury to guest, 96 ALR 1479.
   Evidence of specific acts or reputation as admissible to prove incompetency of motor vehicle driver, or defendant's knowledge thereof, in action against one permitting alleged incompetent to drive, 120 ALR 1311.
   Distraction of attention of driver of automobile as affecting question of negligence, wantonness, etc., or contributory negligence, 120 ALR 1513.
   Liability of owner or one in charge of automobile for injury due to its condition, to one, other than his employee or bailee for use, engaged in some service or operation in connection with it, 122 ALR 1023.
   Admissibility and weight of evidence as to condition of automobile or parts thereof after accident, on issue as to responsibility for accident, 129 ALR 438.
   Necessity and sufficiency, in complaint or declaration in action for injury or damage due to dangerous condition of automobile or other machine, of allegations as to particular defects, 129 ALR 1274.
   Injury to guest of operator as within statutory or nonstatutory rule which makes owner of automobile liable for negligence of another operating the car with his consent, 131 ALR 891.
   Civil or criminal liability of one in charge of an automobile who permits an unlicensed person to operate it, 137 ALR 475.
   Conduct of operator of automobile at railroad crossing as gross negligence, recklessness, etc., within guest statute, 143 ALR 1144.
   Commencement and termination of host and guest relationship within statute or rule as to liability for injury to automobile guest, 146 ALR 682.
   Infant owner as within statute which makes owner of automobile responsible or creates a lien for injury or death inflicted by another operating automobile, 146 ALR 701.
   Liability of owner of automobile for negligence while it is being operated by another with his consent as affected by immunity of the operator (or his employer) from liability or action, 152 ALR 1058.
   Scope of consent or permission with respect to time or place of operation of car by another as affecting owner's liability for injury, 159 ALR 1309.
   Automobile owner's common-law liability for negligence in entrusting car to known incompetent, reckless, or inexperienced person as affected by statute limiting owner's liability to use within terms of consent, 163 ALR 1418.
   Guest's knowledge that automobile driver has been drinking as precluding recovery, under guest statutes or equivalent common-law rule, 15 ALR2d 1165.
   Joint enterprise rules as applicable to the hiring, lease, or bailment of an airplane, 18 ALR2d 929.
   Liability of motor vehicle owner or operator for accident occasioned by blowout or other failure of tire, 24 ALR2d 161.
   Liability for injury incident to towing automobile, 30 ALR2d 1019.
   Proof, in absence of direct testimony by survivors or eyewitnesses, of who, among occupants of motor vehicle, was driving it at time of accident, 32 ALR2d 988.
   Right of motor vehicle owner liable to injured third person because of negligence of one permitted to drive, to indemnity from the latter or the latter's employer to whom vehicle was bailed, 43 ALR2d 879.
   Deviation from employment in use of employer's car during regular hours of work, 51 ALR2d 8; 51 ALR2d 120; 52 ALR2d 350.
   Route driver or salesman as independent contractor or employee of merchandise producer or processor, for purposes of respondeat superior doctrine, 53 ALR2d 183.
   Liability of employer for negligent operation of motor vehicle by automobile salesman, 53 ALR2d 631.
   Rights of seller of motor vehicle with respect to purchase price or security on failure to comply with laws concerning transfer of title, 58 ALR2d 1351.
   Vehicle owner or his agent having general right of possession and control as guest of driver within automobile guest statute or similar rule, 65 ALR2d 312.
   Intoxication, unconsciousness, or mental incompetency of person as affecting his status as guest within automobile guest statute or similar common-law rule, 66 ALR2d 1319.
   Liability of taxicab carrier to passenger injured while boarding vehicle, 75 ALR2d 988.
   Liability for personal injury or property damage, for negligence in teaching or supervision of learning driver, 5 ALR3d 271.
   Share-the-ride arrangement or car pool as affecting status of automobile rider as guest, 10 ALR3d 1087.
   Liability based on entrusting automobile to one who is intoxicated or known to be excessive user of intoxicants, 19 ALR3d 1175.
   What amounts to negligence within meaning of statutes penalizing negligent homicide by operation of a motor vehicle, 20 ALR3d 473.
   Liability of motorist who left key in ignition for damage or injury caused by stranger operating the vehicle, 45 ALR3d 787.
   Liability or recovery in automobile negligence action as affected by absence or insufficiency of lights on parked or standing motor vehicle, 61 ALR3d 13.
   Constitutionality of automobile and aviation guest statutes, 66 ALR3d 532.
   Infant as guest within automobile guest statutes, 66 ALR3d 601.
   Who is "owner" within statute making owner responsible for injury or death inflicted by operator of automobile, 74 ALR3d 739.
   Motor carrier's liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 ALR4th 1249.
   Combining or "stacking" uninsured motorist coverages provided in policies issued by different insurers to different insureds, 28 ALR4th 362.
   Automobiles: liability for U-Turn collisions, 53 ALR4th 849.