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Georgia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Do I need to provide insurance info after a no-damage accident?

I was involved in a minor car accident with no damage to either vehicle, and we just exchanged phone numbers, agreeing to contact each other if we noticed any damage. Initially, the other driver said she was fine, but now she is texting me, claiming her back might hurt and asking for my insurance... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2025

A Georgia attorney could advise best, but your question remains open for a week, and you need to make a decision and take action. I'm sorry about your accident. In most places, exchange of basic identification and insurance information is required and standard procedure for matters involving... View More

2 Answers | Asked in Car Accidents, Medical Malpractice, Legal Malpractice and Personal Injury for Georgia on
Q: Lawyer delayed informing us about child's brain injury from accident.

My minor child was involved in a car accident through no fault of their own. The hospital documented a brain injury in their records but never informed me. My lawyer received these records 8 months before finally asking me about my child's progress on the brain injury, which they initially... View More

Emery Brett Ledger
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answered on Jun 19, 2025

I'm very sorry to hear about your child's injury and the delay in communication. When a lawyer fails to promptly inform a client of critical medical findings—especially something as serious as a documented brain injury—it raises serious concerns about competence and diligence.... View More

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2 Answers | Asked in Car Accidents, Medical Malpractice, Legal Malpractice and Personal Injury for Georgia on
Q: Lawyer delayed informing us about child's brain injury from accident.

My minor child was involved in a car accident through no fault of their own. The hospital documented a brain injury in their records but never informed me. My lawyer received these records 8 months before finally asking me about my child's progress on the brain injury, which they initially... View More

Tim Akpinar
Tim Akpinar
answered on Jun 21, 2025

I'm very sorry for your child's injuries. Something like this could open the door to various different arguments. An attorney might argue they believed parents would have followed up in obtaining their own medical records if they were present at examination and actively involved following... View More

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for Georgia on
Q: Can I file an underinsured motorist claim after an accident in Georgia?

I was involved in an accident on September 3, 2024, where I was seriously injured, including suffering an AVM rupture which my neurologist says was a contributing factor from the accident. The at-fault driver did not have enough coverage, and I have underinsured motorist coverage. I notified my... View More

Michael W. Horst
Michael W. Horst
answered on Jun 17, 2025

Yes, assuming you have applicable uninsured motorist (UM) coverage, you may pursue a UM claim. I must warn you, however, that UM is one of the most complicated areas of personal injury law. One false step and you may inadvertently fall into a pitfall and thereby foreclose your ability to recover... View More

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Bad Faith and Personal Injury for Georgia on
Q: Can I file an underinsured motorist claim after an accident in Georgia?

I was involved in an accident on September 3, 2024, where I was seriously injured, including suffering an AVM rupture which my neurologist says was a contributing factor from the accident. The at-fault driver did not have enough coverage, and I have underinsured motorist coverage. I notified my... View More

Kimberly Grant
Kimberly Grant
answered on Jun 17, 2025

Assuming the at-fault driver has tendered his limits and you signed a limited release with the driver, you should hire a lawyer sooner rather than later to pursue a UM claim with your insurance company, as they may try to argue that they did not receive timely notice of the accident.

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1 Answer | Asked in Car Accidents, Traffic Tickets and Personal Injury for Georgia on
Q: Consequences of failure to yield in GA collision with no injuries

I was involved in a vehicle collision where I received a citation for failing to yield, according to statute 40-6-71. There were no injuries, but both vehicles were completely damaged. I have been given a court date. I'm concerned about the potential penalties I might face, including whether... View More

Glenn T. Stern
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answered on Jun 15, 2025

While jail time is technically possible, practically, should expect that in exchange for a plea you would have to pay a relatively modest fine (< $200). Furthermore, if you showed up with a letter from your insurance company confirming that they've assumed liability for the collision, your... View More

3 Answers | Asked in Contracts, Insurance Defense, Car Accidents and Personal Injury for Georgia on
Q: Can my friend insure my car and am I liable for accidents?

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

Michael W. Horst
Michael W. Horst
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

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2 Answers | Asked in Criminal Law, Car Accidents and Personal Injury for Georgia on
Q: Tourist with foreign license charged with hit and run; no accident noted. What to expect in court?

I am a tourist with a foreign license and was charged with hit and run while driving my mom’s car. Although I was issued a citation, the officer checked "no accident." What should I expect in court regarding this charge?

Tim Akpinar
Tim Akpinar
answered on May 5, 2025

A Georgia criminal defense attorney could advise best, but your question remains open for three weeks. Until you are able to consult with a criminal defense attorney, there are also civil law aspects to think about. You should discuss the accident with your mother so that she could take appropriate... View More

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3 Answers | Asked in Car Accidents, Insurance Defense, Civil Litigation and Personal Injury for Georgia on
Q: Served with damages complaint from collision; need advice on rights, obligations, and potential legal representation.

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

Michael W. Horst
Michael W. Horst
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...
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2 Answers | Asked in Car Accidents, Contracts and Consumer Law for Georgia on
Q: Accident with wrong license plate registered on vehicle; impact of discrepancy?

I was involved in an accident where my truck's brakes failed while going downhill, causing me to crash into a dumpster and the side of a building. When the first officer on the scene ran my truck's tag, it showed as registered to a green Mustang instead of my green Dodge truck. How might... View More

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2025

A Georgia attorney could advise best, but your question remains open for two weeks. A starting point could be to check DMV records for the discrepancy. In terms of pending claims from the dumpster owner or building owner, the license plate discrepancy is not likely to present any kind of defense -... View More

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2 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for Georgia on
Q: How can I find the correct service address for USAA Insurance regarding my car accident lawsuit in GA?

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

Michael W. Horst
Michael W. Horst
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

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: Can insurance payout for medical expenses be received directly?

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

Michael W. Horst
Michael W. Horst
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

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Georgia on
Q: Is it worth suing an insurer for a lowball offer after a car accident in Georgia?

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

Michael W. Horst
Michael W. Horst
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...
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1 Answer | Asked in Consumer Law and Car Accidents for Georgia on
Q: I was in an accident that was the other person's fault. The insurance company is not cooperating at all.

It has been 2 years and I'm suing the person for the damages but her lawyer is saying I can't do that without

adding the insurance company.

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2025

A Georgia attorney could advise best, but your question remains open for a week. Do you mean you HAVE already sued them, or do you mean you are in the process of moving forward with a lawsuit that you plan to file. That's a very important distinction, and it is not clear from the wording of... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: The other occupants didn't use all medical expenses can I max out the vehicle limit because my injury have more expenses

Got in an auto accident as a passenger, the driver and other passenger received less then ten thousand together, and I've billed 100 thousand over the policy limit but in need of a lot more surgeries have 14 herniated disks,11 can be shown as new damage and ligaments and tendons still damaged... View More

James Clifton
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James Clifton
answered on Jan 1, 2025

The most you can recover individually is $250,000 regardless of how much the other injured parties have used. If you are having trouble getting your expenses reimbursed by the insurance company, you need to engage an attorney to advocate on your behalf. There may be other avenues of recovery to... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?
Michael W. Horst
Michael W. Horst
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

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1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What dose ocga 33-24-41.1
Michael W. Horst
Michael W. Horst
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

2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

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

Michael W. Horst
Michael W. Horst
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...
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2 Answers | Asked in Car Accidents for Georgia on
Q: If a car is parked on a residential street and pulls in front of me when I try to go around, is that improper passing?

The other driver jerked her car to the left as I was going by. This action created a minor collision in which there was a scrap on my cars side bumper. As soon as our cars touched the other driver screamed your fault and then pulled off. I pulled around the corner and tried to talk to the driver,... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 3, 2024

Determination of liability and fault is fact specific-----and a trier of fact will determine the facts and make a liiability ruling, if you get that far. Before getting there, others (you, the other driver, insurance company adjusters, lawyers, etc) will make liability determinations based on the... View More

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