Bone v. State Farm Mutual Insurance

I respectfully dissent. “The object of [the alternative requirements of physical contact or eyewitness to the occurrence] is to eliminate fictitious claims of a driver who, through his own negligence, causes injury to himself without the involvement of another vehicle, and then seeks recovery on the grounds that it was due to a fictitious hit-and-run driver with the resulting fraud being perpetrated against the insurance company.” State Farm Mut. Ins. Co. v. Carlson, 130 Ga. App. 27, 29 (1) (202 SE2d 213) (1973). The legislative intent is to eliminate fraudulent claims of negligent drivers.…