Marietta, GA asked in Car Accidents, Consumer Law and Insurance Bad Faith for Georgia

Q: I was in an accident, the police officer could not determine who was at fault (although it was evident).

I took this to small claims court to prove that I was not at fault and won my case. This accident happened in 2019 and I was diagnosed with cancer a month afterwards.

I had to request several contingencies due to radiation, chemotherapy, physical therapy and recovery time. During this time the case was in limbo and THEN the COVID Pandemic hit, prolonging things further.

Finally, the accident made it to court!(April 12, 2021) The defendant had his Progressive Defense Attorney to represent him and the judge ruled in my favor. The Defense Attorney and defendant disappeared before I could put my paperwork away. I didn't have a chance to confront them about my judgement or when they would pay me.

I called the Progressive Insurance Attorney on this and she said that the defendant wanted to appeal the judgement. I've also spoke with the defendant's insurance claims representative about this and he was incredibly abrasive.

What to do now is my question. I'm in need of legal help.

2 Lawyer Answers
Titus Thomas Nichols
Titus Thomas Nichols
Answered
  • Personal Injury Lawyer
  • College Park, GA
  • Licensed in Georgia

A: They're going to try and scare you into accepting a lower amount of money by threatening to appeal.

You need an Attorney who will represent you in the appeal. Otherwise they will appeal the case a demand a jury trial.

Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Personal Injury Lawyer
  • Cullman, AL
  • Licensed in Georgia

A: They have 30 days to file an appeal. If they fail to do so then they will have to pay you the amount awarded. If they do file an appeal then the entire case will be retired in a higher court as if there was never a judgement. In that instance, I believe it would be prudent for you to consult with a GA attorney.

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