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Georgia Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

James Clifton
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James Clifton
answered on Jul 26, 2023

The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: If one of my adult children caused an accident and someone was killed, could my assets be at risk?

Their names are on the title of their cars, and they still live at home, but I pay the auto insurance. If I could be sued, would a $1million policy be enough? The basic policy covers $500K, and I have a $1 million umbrella policy, so currently I am covered for $1.5 M. Do I need to be covered for... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 16, 2023

Unless you independently did something wrong (for example allowed someone incompetent to drive) your liability is limited. But higher insurance provides better protection and is often worth the small increase in cost.

Also make sure you have the highest amount of UM/UIM coverage, as...
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1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: Hit and run in Georgia

I received a ticket in alpharetta Georgia for a Hit and Run With no persons harmed just vehicle damage. The police arrested me and let me out on bond. I was just scared and did t know what to do and left no note. No one took my license.

if convicted of a misdemeanor in court will DDS... View More

Glenn T. Stern
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Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

A conviction for hit and run can suspend your license in the State of Georgia; there are things an experienced attorney may be able to do that would keep that from happening, so this is a situation it would be smart to speak to one before pleading guilty to that charge.

1 Answer | Asked in Car Accidents and DUI / DWI for Georgia on
Q: Is an accident, red eyes, odor of alcohol and swaying enough to arrest for probable cause?

No field sobriety tests or chemical tests were done and the crash caused the defendant to break her foot and hand.

- Can the crash be used as a defense for the alcohol symptoms of swaying and red eyes since the airbag deployed?

James Clifton
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James Clifton
answered on Jun 26, 2023

The accident itself is not sufficient evidence alone. The red eyes and swaying could definitely be attributed to the airbag and the accident. The odor of alcohol will have to be defended more rigorously. There are certain questions to ask the officer that can expose the officer's inability to... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: Joint owner of motor vehicle responsibility?

Joint owner of motor vehicle with spouse. Spouse is involved in an m/v injury accident whilst driving jointly owned vehicle, what are my legal responsibilities as his spouse and joint owner of the vehicle?

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. A GENERAL possibility nationwide (subject to state-specific practices) is that if policy limits are exceeded, jointly held property or assets could be targeted by a plaintiff to satisfy a judgment from an... View More

4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?

I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely... View More

Michael W. Horst
Michael W. Horst
answered on Jun 20, 2023

I do agree, something seems off. It is generally the case that once a client's medical treatments are finished, it can take anywhere from 2 - 4 weeks to obtain all of the client's medical records and bills. Every now and then there will be difficulty getting a record or a bill but that... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Georgia on
Q: I was in a single car motor vehicle accident where I hit my head. I was ticketed for failure to report an accident.

How is that possible? I don't remember even getting out of the car and by the time I came to my senses a passerby had already reported the accident. I had a head injury, it's not like I deliberately tried to hide the fact their was a wreck.

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2023

It seems you may have suffered a brain injury and short-term memory loss. There are times where you may have been given a citation; however, the OTHER DRIVER was at fault for causing the wreck. Additionally, your injuries may be more significant than just what you felt at the time of the wreck.... View More

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1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What do I need to provide to the at-fault's insurance company?

I was recently injured walking in a crosswalk by a young man pulling out of a parking lot. He was cited for not yielding in a crosswalk. He has 25k medical and 25k bodily injury. His insurance company left a message asking for a "statement". Do I need to provide this? I'm... View More

James Clifton
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James Clifton
answered on Apr 12, 2023

Do not provide a statement without the assistance of an attorney. The insurance company asks questions specifically designed to allege fault on your part. You will need to provide your full medical records, which may include medical records prior to the accident if requested. You are entitled to... View More

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Georgia on
Q: If I got rear ended at a high rate of speed because my car stalled and I got ticketed for improper lane change who is at

I was merging over to shoulder when I got hit

James Clifton
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James Clifton
answered on Apr 3, 2023

This is a fact driven scenario and will be determined based on the evidence that can be produced. If you were able to signal the lane change after stalling, it is possible the party who rear-ended you would be at fault for following too closely and would be liable for your injuries. However, if the... View More

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1 Answer | Asked in Business Formation, Business Law, Car Accidents and Civil Litigation for Georgia on
Q: i am looking into a business running a food /ice cream truck w/ hemp derived edibles.what are steps to take to protectit

i want to know what disclaimers i need for if they leave after an edible and go wreck a car then try to blame me for it or things of that nature. any other answers would be greatly appreciated. i want to be 100% legal with everything and turn this into an experience

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. Your question covers lots of ground - type of business structure, insurance, etc. - and it might be difficult to obtain meaningful guidance in the brief format of a Q & A forum. One option is to think about a... View More

1 Answer | Asked in Car Accidents and Insurance Defense for Georgia on
Q: MY AUTO INSURANCE HAS DECIDED TO PAY A CLAIM MADE AGAINST MY POLICY. MY POSITION IS THAT NO ACCIDENT OCCURRED AND THIS

IS A FALSE CLAIM. WHAT CAN I DO TO ARGUE TO MY INSURANCE COMPANY TO NOT PAY THE CLAIM?

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. You could gather your evidence, such as video, photos showing no damage, witness statements, etc. Your position will probably result in your carrier conducting its own investigation. Ultimately, the decision will... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: Dfndnts Ins Co doesn't wnt to pay plaintiff's req amt. Is going to ct only abt money or could the plaintiff lose the cs?
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. In this type of setting generally speaking, two options are to go to court, as you mention, or to lower the amount demanded. Yes, there's always a possibility that plaintiff could lose. A case could be... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: In the state of Georgia is there a policy on how accidents are investigated. processed and recorded?
Tim Akpinar
Tim Akpinar
answered on Jan 28, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. However, accidents nationwide could be investigated by various entities, including insurance companies, departments of transportation, departments of highway safety, and outside agencies. Different entities could... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: My car was damaged on the highway, from debris. A collison happened infornt of me and the car debris damaged my vehicle.

is the person who caused the accident at fault? Progressive insurance did not accept liability for the cause of the accident.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 7, 2023

Based just on your facts, and without knowing more, I'd guess the at fault party's insurance is responsible for your repairs. Getting that insurance company to pay is the tricky part. Alternatively, if Progressive denied responsibility, your own insurance may cover it, subject to your... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Am I obligated by law to pay for repairs?

In June ‘22 I was in a minor fender-bender where I hit the rear bumper of another car (damage was only a small crack). The other party agreed to work outside of insurance and I agreed to pay for the damage but only directly to the collision center. Months went by and I kept getting excuses on why... View More

Michael W. Horst
Michael W. Horst
answered on Jan 7, 2023

Yes. When you cause an accident, you are legally obligated under Georgia law to pay for the damages you caused. The statute of limitations in Georgia for property damage to a vehicle is four years, meaning the other party could wait until June 2026 before filing suit against you and yet still... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: What if the driver did yield & no cars were approaching. But still gets hit from behind after crossing almost out of rd
Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 5, 2023

Most of the time, when one driver is hit by another, the police officer responding to the accident will conclude that the driver who was in back was "following too closely". Therefore, the driver who "rear-ended" the other driver is "at fault". However, this is not... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: What is the proper venue when the at-fault driver moves out of state after the accident?
Michael W. Horst
Michael W. Horst
answered on Dec 27, 2022

The answer to your question is governed by the Georgia Nonresident Motorist Act statute (specifically, O.C.G.A. 40-12-3). Under that statute, suit against a nonresident may brought (1) in the county in which the accident or injury occurred or the cause of action originated or (2) in the county of... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: Would you use GA SOS to serve a nonresident who is the owner of a vehicle involved in an accident?

The owner was not the driver nor passenger of the vehicle involved in the collision?

Also, same question but for the nonresident policy holder who was not operating nor in the vehicle at the time of the collision?

Michael W. Horst
Michael W. Horst
answered on Dec 10, 2022

You may serve a nonresident using the Georgia Nonresident Motorist Act statute. In order to do so, you must serve a copy of the complaint/summons on the Secretary of State AND by giving notice of such service and a copy of the complaint/summons by registered or certified mail or statutory... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: someone break-checked me (no damage to either vehicle) but he's now filed a claim with insurance how to handle this?

Walked away from the incident and the guy said everything was fine, nothing to report both drove off.

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. If there was no apparent damage to the vehicles, it would probably not result in a significant PD claim. But if the person claims injury, that would be something your insurance carrier would need to defend you... View More

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: I won a settlement but the company is not paying. What can I do ?
Michael W. Horst
Michael W. Horst
answered on Nov 19, 2022

Once a case settles, both sides are contractually obligated to fulfill their respective ends of the deal. In most instances, that means the injured party will sign a release while the other party will pay a sum of money. In the event either party fails to uphold its end of the bargain, the... View More

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