---
title: O.C.G.A. § 40-3-61. Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle.
collection: code
id: 40-3-61
cite_as: O.C.G.A. § 40-3-61 (2025)
canonical_url: https://georgiacommons.org/code/40-3-61
md_url: https://georgiacommons.org/code/40-3-61.md
text_url: https://georgiacommons.org/code/40-3-61/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t40-ch1-5-(v28a)-2024-pdf.pdf?sfvrsn=636595ac_0#page=466
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/40-3.md
previous: https://georgiacommons.org/code/40-3-60.md
next: https://georgiacommons.org/code/40-3-90.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MOTOR VEHICLES AND TRAFFIC / CERTIFICATES OF TITLE, SECURITY INTERESTS, AND LIENS / SECURITY INTERESTS IN AND LIENS ON MOTOR VEHICLES
---

# O.C.G.A. § 40-3-61. Proceeds of insurance policy to multiple lienholders in event of total loss of vehicle.

Notwithstanding any other provision of law to the contrary, in any claim involving the total loss of a vehicle which is subject to more than one perfected security interest or lien as recorded on the title of the vehicle, the proceeds of the insurance policy shall be first applied to the debt owed to the first lienholder. In the event that there are proceeds remaining after satisfying the first lienholder, the proceeds shall be then applied to the debt owed to the second and subsequent lienholders in order of priority and any proceeds remaining after the satisfaction of all such recorded liens shall be paid to the insured. If the amount of debt secured by such security interests or liens or the seniority of such security interests or liens is in doubt, any remaining funds shall be deposited with the court and a complaint for interpleader shall be filed in accordance with Code Section 9-11-22.

## History

Code 1981, § 40-3-61, enacted by Ga. L. 2002, p. 848, § 3.

## Cross References

Proceeds of insurance policy; limited access by insurers to records, § 33-34-9.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2002, a comma was deleted following “In the event” at the beginning of the second sentence.