Allstate Insurance Company (“Allstate”) filed a declaratory judgment action to determine its obligations under an Allstate automobile insurance policy issued to Gloria Benton in regard to a personal injury action filed on behalf of Jonathan M. Rucker, a minor, and against Bobby Martin. Allstate moved for summary judgment arguing that it should be relieved of liability under its policy of insurance because “the insureds” failed to “promptly” notify it of the accident which gave rise to the underlying tort action. Allstate relied on the pleadings, two affidavits and admissions of the parties to support its motion for summary judgment. No evidentiary material was filed in opposition to the motion. The undisputed facts revealed the following:
Allstate insured a 1983 Buick Electra automobile which was owned by Benton. The insurance policy provided, in pertinent part, as follows: “If a person insured has an auto accident, [Allstate] must be promptly notified of all details.” On May 14, 1986, Martin was driving Benton’s Buick when he collided with a bicycle that was being operated by Rucker. Immediately after the collision, Martin informed Benton of the collision “and about [an] injury to Jonathan M. Rucker.” On March 9, 1987, a lawsuit was filed against Martin in the Superior Court of Fulton County on behalf of Rucker for injuries the child allegedly sustained in the collision. On May 5, 1987, Allstate learned of the collision and the lawsuit. This declaratory judgment action followed.
The trial court granted Allstate’s motion for summary judgment, finding that the insured’s “delay in notifying [Allstate] of the accident was unjustified and unreasonable.” This appeal followed. Held:
It is first argued that the trial court erred in granting Allstate’s motion for summary judgment because prompt notice of the accident was not a “condition precedent” to coverage under the policy. This argument is without merit because the undisputed evidence shows that the policy requires prompt notice of any accident which may give rise to liability under the policy. Alternatively, however, it is argued that a jury question exists as to whether the delay in notification was reasonable and justified.
“The time limitations in policies of insurance requiring a report of incident [promptly] are subject to a factual determination. ‘The questions of the sufficiency of the excuse offered, and the diligence of the beneficiary in giving the notice after the removal of the disability, are generally questions of fact, to be determined by the jury, according to the nature and circumstances of each individual case.’ [Cits.]” *408Norfolk & Dedham &c. Ins. Co. v. Cumbaa, 128 Ga. App. 196, 198 (2) (196 SE2d 167).
In the case sub judice, Allstate presented no evidence as to the reason for the insureds’ delay in giving notice of the collision. Allstate only showed that it received notice almost 12 months after the collision and that the insured (Martin) and the policyholder (Benton) were aware that Rucker was injured. There is no evidence showing that Benton or Martin were aware of the extent of Rucker’s injuries or that the child required medical attention for his injuries. Nor is there evidence showing the extent of damage, if any, to Benton’s vehicle so as to apprise the policyholder of the severity of the collision. Under these circumstances, we cannot say as a matter of law that Allstate met its burden of showing that the insureds’ delay in giving notice of the collision “was unjustified and unreasonable.” See Ham v. Ham, 230 Ga. 43, 45 (195 SE2d 429). Consequently, giving the non-moving parties the benefit of every reasonable doubt, we find that genuine issues of material fact remain as to the sufficiency of the insureds’ excuse for the delay in reporting the collision to Allstate and of their diligence in giving notice of the accident after the removal of any disability. See Southern Trust Ins. Co. v. Clark, 148 Ga. App. 579, 581 (1), 582 (251 SE2d 823). Compare Richmond v. Ga. Farm &c. Ins. Co., 140 Ga. App. 215, 220 (2) (231 SE2d 245), where undisputed evidence presented on summary judgment showed that the insured was aware at the time of the collision of damages which were covered under the policy of insurance. The trial court erred in granting Allstate’s motion for summary judgment.
Judgment reversed.
Carley, C. J., concurs. Beasley, J., concurs specially.