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I am letting a friend borrow my car for roughly six months. My name is on the title, and I am listed as the primary driver with full coverage insurance. I am considering creating a written agreement for this arrangement. Can my friend get insurance in their name, and if so, would I still be liable... View More

answered on May 29, 2025
There exists a claim under Georgia law known as negligent entrustment. Negligent entrustment occurs when an owner entrusts the owner's vehicle to another person who the owner knows to be incompetent or unfit to use it. Such a claim would apply in this case if your friend has a bad driving... View More
A car backed into me and hit me and my girlfriend on the back of a motorcycle and fled the scene. I had a friend chase them down and get a good description and their license plate. They caused only a small crack on my motorcycle. Could I still sue? My girlfriend’s back is sore and sore is my... View More

answered on May 26, 2025
Yes. You and your girlfriend have a personal injury claim for the bodily injuries you suffered in the collision. If you (or the police) are able to locate the at fault driver and his/her insurance company, you both can bring a claim against that insurance company. If the at fault driver is not... View More
I was involved in an incident where a friend of mine was injured on a rental boat. He was pulling up the anchor and asked me to give it some gas to unstick it, but I gave too much throttle, and the rope caught around his finger, cutting off the tip. The rental agreement stated that misuse of... View More

answered on May 7, 2025
There is a difference between a claim and a lawsuit. If your friend is pursuing a claim, he can do that directly with the insurance company. However, if he is filing a lawsuit, you will be sued as the defendant since you are the alleged negligent party. Whenever a person is named in a lawsuit,... View More
I was involved in a vehicle collision where neither party was seriously injured. Over a year later, I've been served with a complaint for damages from the other driver, claiming her insurance company mishandled her case. She states that suing me is necessary to sue her insurer. I have to file... View More

answered on May 4, 2025
Generally speaking, Georgia law provides 30 days to file a response to a lawsuit (known as an Answer). The 30 day "clock" begins to run from the date of service. Missing the 30 day deadline can bring with it dire consequences as then a default can be entered.
In your case, I... View More
I'm representing myself in a civil suit filed in the state court in Georgia. I need to find the proper form to file an answer, and the deadline for submission is today. Where can I find this form?

answered on Apr 14, 2025
I would strongly, strongly urge you to retain counsel to represent you. Filing an answer is not easy. If some defenses are not raised, they are waived forever. Nevertheless, if you insist on proceeding pro se, you can find an Answer form at the following link:... View More
I was involved in a car accident in Columbia County, Georgia, and I am looking to file a lawsuit against USAA Insurance related to my uninsured motorist (UM) claim. USAA has advised that they do not need to inform me where to send service for the lawsuit. How do I find the correct address for... View More

answered on Mar 28, 2025
You need to serve USAA's registered agent. You can find the registered agent by looking on the website for the Office of the Georgia Secretary of State - Corporation's Division. Here is the link - https://ecorp.sos.ga.gov/BusinessSearch. My only word of caution is to make sure you have... View More
I was involved in a car accident, and the other party's insurance has offered $5,000 for medical expenses. I've already received medical treatment using my own insurance, and I'm considering possibilities for future medical costs. I haven't been able to work for 5 days, and my... View More

answered on Mar 19, 2025
I am concerned the insurance adjuster is attempting to take advantage of you. The adjuster should be issuing to you a settlement check which compensates you for medical bills + lost wages + pain and suffering. The fact that the adjuster is attempting to pay the medical care providers directly for... View More
I am responding to a Motion for Summary Judgment that was given to me 5 days before the pre-trial hearing. I thought the Motion for Summary Judgment needed to be submitted to the court 30 days before the pre-trial hearing. Is this correct?

answered on Mar 14, 2025
Not exactly. Rule 6.6 of the Uniform Superior Court Rules provides "[m]otions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment." The fact that the MSJ was... View More
I was involved in a car accident where I T-boned a truck that made a U-turn in front of me. I was driving at approximately 52 mph. The police report indicates that the other party was at fault. My car was totaled, and I've suffered a lot of soft tissue damage, accumulating $6,400 in medical... View More

answered on Mar 6, 2025
Your question would be best directed towards your attorney since he/she knows the particular facts of your case best. Nevertheless, in an effort to provide you a response, I will answer your question the best I can.
For starters, insurance companies are not the named defendant in a... View More
I am involved in a legal case, and a Florida court has mailed a subpoena to a witness in Georgia to compel their appearance in court. The witness is reluctant to testify, and this subpoena is for a court appearance. Can the Florida court enforce this subpoena in Georgia, or are there specific... View More

answered on Feb 17, 2025
This issue is governed by the Uniform Interstate Depositions and Discovery Act since both Florida and Georgia adopted the law. Please see OCGA §§ 24-13-110 — 24-13-116 and follow it accordingly in order to have Georgia witness appear in court.
Witness to shootout between patron n police clerk failed to tell 911 there was a gun until after the patron was killed by police in front of me

answered on Nov 11, 2024
Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the... View More

answered on Sep 25, 2024
Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount... View More

answered on Sep 9, 2024
There are two kinds of subpoenas: (1) a witness subpoena and (2) a subpoena for the production of evidence. Since your question pertains to a private company, I assume you intend to subpoena documents (i.e., evidence). In any case, the subpoena statutes may be found from OCGA 24-13-20 to OCGA... View More

answered on Sep 5, 2024
This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More
Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

answered on Sep 5, 2024
Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.
In terms of of the court action, I assume you are... View More
In an auto accident personal injury case, can the injured party sue the defendant in small claims court in the counties of 2 different states and attempt to have them served in both states counties if the defendant has addresses in both states and you are unsure which address they live at or is... View More

answered on Jun 24, 2024
There are two separate issues which you have combined in your question: Personal jurisdiction and service. Personal jurisdiction refers to a court's authority to adjudicate the rights and liability of the defendant. In an auto wreck case, a court has personal jurisdiction if the wreck... View More
The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

answered on Jun 15, 2024
If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More
I have an injury claim with state farm, the at fault drivers insurance company and they are telling me that before they will settle my claim and pay me, that I have to give them my full social security number. Is this true and is this required by law if I'm not comfortable providing this... View More

answered on Jun 15, 2024
Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More
I was involved in a collision caused by a construction company’s trainer and supervisor , who fled the scene without exchanging proper contact information.
I sustained severe injuries, including lumbar stenosis and cauda equina syndrome, resulting in chronic pain, mobility issues, and... View More

answered on May 31, 2024
Definitionally speaking, general damages are those which the law presumes to flow from any tortious (i.e., wrongful) act. There is no formula in calculating them. Ultimately, general damages (frequently referred to pain and suffering) are determined by the enlightened consciousness of fair and... View More
I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More

answered on Apr 26, 2024
In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More
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