Whiplash Claims in Georgia: Overcoming Insurance Company Skepticism

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Whiplash is, in MedlinePlus’s words, “a soft tissue injury to the neck,” also called neck sprain or strain. The features the defense can point to in a whiplash claim are the ones a Georgia jury weighs: pain the injured person reports rather than a test shows, a collision that may have left little visible damage, and an earlier neck or back problem. Georgia law lets the defense contest whether the crash caused the injury even when its driver admits causing the crash, sets minimum standards for how the insurer handles the claim, and leaves the causation question to the jury.

What Whiplash Is

MedlinePlus, the National Library of Medicine’s consumer health service, lists “car accidents” among the causes of neck pain and describes whiplash as “a soft tissue injury to the neck,” also called “neck sprain or strain.” Its medical encyclopedia article on neck pain notes that a sore neck can make it hard to move the head, which “[m]any people describe” as a stiff neck, and that when neck pain involves compression of the nerves, a person may feel numbness, tingling, or weakness in the arm or hand. It also states that “[a]ccidents or falls can cause severe neck injuries, such as vertebral fractures, whiplash, blood vessel injury, and even paralysis.”

The encyclopedia article describes a first office visit that consists of a physical exam and questions about the pain, and states that the provider “will probably not order any tests during the first visit.” Tests such as X-rays, a CT scan, or an MRI “are only done” when symptoms or medical history suggest “a tumor, infection, fracture, or serious nerve disorder.” It advises contacting a provider when neck pain was caused by a fall, blow, or injury, and calling 911 if the person cannot move an arm or hand.

Fault Admitted, Injury Contested

In a whiplash claim the dispute can lie in whether the crash caused the injury rather than in who caused the crash. In Hambrick v. Makuch, 228 Ga. App. 1 (1997), the other driver struck the plaintiff’s vehicle from behind and “admitted to negligently causing the collision.” The Court of Appeals held that the plaintiff was entitled to a partial directed verdict “on the issues of duty and breach of such duty, as well as the factual causation of the collision, itself.” But as to the alleged injuries, the plaintiff “still had the burden to provide,” in words the court quoted from Anneewakee v. Hall, 196 Ga. App. 365 (1990), “a reasonable basis for the conclusion that it is more likely than not that the conduct of the defendant was a cause in fact of the result. A mere possibility of such causation is not enough.”

What the Defense Points To

Hambrick shows the evidence the defense used in a low-speed case, and why a jury may accept it:

  • Subjective symptoms and negative tests. Three physicians testified that the collision “could be related” to the injuries, but on cross-examination all three “admitted that the symptoms of appellant’s injuries were subjective in nature,” that the plaintiff’s X-rays and other tests, including a CT scan and a myelogram, “were negative,” and that the neck and back pain “could have been caused by something other than the collision.”
  • Experts do not bind the jury. Quoting Cates v. Harris, 217 Ga. 801 (1962), the court stated that “the jury is not bound by the opinion of experts and may disregard it or give such testimony credence or not as it sees fit.”
  • An earlier condition and statements at the scene. The plaintiff admitted some back discomfort before the collision, described it as a “low-impact accident,” and admitted telling the other driver and a police officer that both the plaintiff and the child were “fine.”
  • Little visible damage. The other driver testified that the striking car “rolled” into the plaintiff’s vehicle, a passenger in it put the speed at five mph or less, and the defense offered photographs of the other driver’s car showing “one small scratch on the front bumper.”

On that record, “a jury issue existed regarding whether the collision proximately caused appellant’s alleged injuries.” Because the verdict for the defense could have rested on a ground the admission had removed, the court ordered a new trial limited to “whether the collision caused the damage to appellant’s vehicle and appellant’s alleged injuries and, if so, the amount of damages.”

A footnote in Hambrick describes the proof that would have answered the vehicle-damage defense: “photographs of the damage or testimony from the person who repaired the vehicle,” testimony about the absence of damage before the collision, and cross-examination challenging the other side’s account of speed and of its inspection, noting that lay testimony about the absence of damage “may have also been an objectionable lay opinion.”

Seat belt use can also enter the causation dispute: a failure to wear a seat belt may be offered in a civil action as evidence on negligence, comparative negligence, causation, assumption of risk, apportionment of fault, or another purpose, subject to the court’s determination of admissibility under OCGA 24-4-403 or other rules of evidence (OCGA 40-8-76.1(d)(1)).

How the Insurer Must Handle the Claim

Georgia’s Insurance Code lists unfair claims settlement practices. Among them are “[f]ailing to adopt and implement procedures for the prompt investigation and settlement of claims,” failing to attempt in good faith a prompt, fair, and equitable settlement once liability has become reasonably clear, and refusing to pay a claim without a reasonable investigation (OCGA 33-6-34(3), (4), (6)). Two limits apply. An act counts as an improper practice only when it is committed in flagrant, conscious disregard of the Insurance Code or its rules, or so frequently that it shows a general business practice (OCGA 33-6-33). And the article does not create or imply a private cause of action for a violation (OCGA 33-6-37). The statute sets a regulatory standard; it does not give the injured person a separate lawsuit against the insurer.

Proving the Cost of Treatment

For a cause of action arising on or after April 21, 2025, medical special damages are limited to the reasonable value of medically necessary care, treatment, or services (OCGA 51-12-1.1(b)), and either side may present evidence challenging whether incurred or projected expenses are reasonable or whether a treatment was medically necessary (OCGA 51-12-1.1(f)). In a whiplash claim, that challenge and the causation dispute can arrive together.

Frequently Asked Questions

Does a negative X-ray or CT scan end a whiplash claim?
Not by itself. In Hambrick, the plaintiff’s tests were negative and the symptoms were subjective, and the court held that whether the collision caused the plaintiff’s injuries was a question for the jury.

Does telling the police “I’m fine” at the scene matter?
It can become evidence. In Hambrick, the plaintiff’s admission of having told the other driver and a police officer that the plaintiff and the child were “fine” was part of the record on which the court found a jury question on causation.

How is vehicle damage proved after a low-speed crash?
The Hambrick footnote names “photographs of the damage or testimony from the person who repaired the vehicle,” along with testimony that the damage was not there before the collision.

Does the insurer have to answer letters and calls about the claim?
Among the listed unfair claims settlement practices is “[f]ailing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies” (OCGA 33-6-34(2)), subject to the flagrancy-or-frequency threshold of OCGA 33-6-33 and without a private cause of action (OCGA 33-6-37).

  • MedlinePlus (National Library of Medicine), “Neck Injuries and Disorders”; MedlinePlus Medical Encyclopedia, “Neck pain” (reviewed Jan. 14, 2026)
  • Hambrick v. Makuch, 228 Ga. App. 1, 491 S.E.2d 71 (1997); Anneewakee v. Hall, 196 Ga. App. 365 (1990), and Cates v. Harris, 217 Ga. 801 (1962) (as quoted in Hambrick)
  • OCGA 40-8-76.1(d)(1)
  • OCGA 33-6-33; OCGA 33-6-34(2), (3), (4), (6); OCGA 33-6-37
  • OCGA 51-12-1.1(b), (f); SB 68 (2025), as passed, Section 9(b)

Disclaimer

This article provides general information about whiplash claims under Georgia law. It is not medical advice or legal advice and does not create an attorney-client relationship. A person with neck pain after a collision should seek medical care, and anyone with a potential claim should consult a licensed Georgia attorney promptly about the particular situation.

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