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Georgia Car Accidents Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: Someone hit me kept going I had 3 passengers in my car who was injured I have insurance what are my options
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2023

Assuming you did not cause the wreck, you and your passengers have what is known as an uninsured motorist claim. While such a claim exists under Georgia law, that does not necessarily mean there is compensation available under your policy. The key is whether your policy has uninsured motorist... View More

2 Answers | Asked in Car Accidents for Georgia on
Q: Someone hit the back of my car at a Chick-fil-a drive-thru and that person fled the scene. How can I get my $500 back?

I took a picture of the back of the other person's car, as well as filed a full police report. I have not had any luck finding someone to help me resolve this problem. I had to pay a $500 deductible for the damages this guy had caused. All for food! He is costing me $500 for my food!!!! I need... View More

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

You can sue the individual who damaged your car for the entire cost of repair and loss of use. Your own insurance company will be subrogated to any recovery to the extent of what it paid.

Very small claims like this are perfect for your local small claims court. You shouldn’t need an...
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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, 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

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on... 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

Michael W. Horst
Michael W. Horst
answered on Jul 16, 2023

No. If you did not own the vehicle your child was driving, only your child's assets will be at risk. The insurance limits will certainly be in play to compensate the deceased individual's family, and I would expect all $1.5 m to be paid out. It is also worth noting this wreck may... 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 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

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

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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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

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jun 20, 2023

The time that it takes to prepare a good demand depends on how complicated the case is. If you were in a commercial vehicle, have major injuries, and got hit by another commercial vehicle, your situation is complicated, and the demand will likely take longer to prepare. The demand can't really... 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
PREMIUM
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
PREMIUM
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 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 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 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 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 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

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