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Georgia Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents and Insurance Bad Faith for Georgia on
Q: My wife hit my parked car while I was in bed sleeping-Progressive has listed me as an active drive of my car and refuses

To Remove it from my record-driving my rate up more than it should be-the agent got angry at me because when she refused to file the claim in the beginning I had to speak to her boss who also got angry with me for trying to file the claim-so I guess they got even with me and they refuse to remove... View More

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

A Georgia attorney could advise best, but your question remains open for a week. If the claim was reported, they made it part of the record - you could also try to learn how the claim will be treated. In some cases, carriers could deny on claims involving spouses or other family members. Good luck

1 Answer | Asked in Car Accidents for Georgia on
Q: I have a friend who was driving a vehicle insured for another person. Therefore; she was not listed as a driver. She was

She was injured in the accident. The Police did show up to do their report but nothing was ever said about checking her urine, blood or anything. But now the insurance company is investigating. How can they get her records from hospital and is their any way the police dept could come back now and... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

In this situation, your friend should be aware that insurance companies often conduct investigations to assess liability and determine the extent of coverage. While she wasn't listed as a driver on the insurance policy, her involvement in the accident may still be subject to scrutiny.... View More

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: Can you tell me what I should do about finding out who I should contact about a settlement from 2013 =2014

My granddaughter was hit by a car when she was 4 or 5 and she was given a settlement of $25,000 but she can't get it till she is 18 but we lost everything in a fire now we trying to find out who was the lawyer and about the settlement

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2024

Until you're able to speak with a Georgia attorney as to state-specific guidance, a starting point could be court records, as my colleague correctly indicates. In just about every state, minors who are plaintiffs in an accident go through a court process where their funds are placed under the... View More

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1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: Hello there I was wondering if I am liable for my stolen truck being involved in crime?

I called the police, but he didn't file stolen car report, he only gave me case number as it was stolen by the mechanic, and I think the officer thinks of it as civil case. So I cancelled the registration, and insurance, since I worry what crime might occur with my name to the truck. Will I... View More

T. Augustus Claus
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answered on Jan 1, 2024

If your truck was stolen, and you reported it to the police by obtaining a case number, you have taken the appropriate steps to notify law enforcement about the theft. Canceling the registration and insurance on the stolen vehicle may be a responsible action to take, as it prevents any potential... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was in a car accident last year Jan 2022 due to human trafficking suffering from severe anxiety disorder

I have documentation to verify I’m a human trafficking victim and I would like to supplement the police report and add my documentation so I can get the right justice I deserve

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2023

A Georgia attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. Only a local attorney would know protocols about changing reports, but if you are represented by an attorney, you should advise them of this.... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: I was in an auto accident with no injuries. should I ask for inconvenience compensated from the insurance company?

The damage to the car and diminished value is being covered by the at fault driver's insurance company. should I ask for inconvenience compensation also?

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2023

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on state-specific insurance practices, inconvenience is generally not a class of damages in such matters in general nationwide. Depending on a policy, things that... View More

4 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do I have a good case?

I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2023

It sounds like you do. In terms of liability, it seems straightforward in your favor. You've covered the medical aspects of your injuries in considerable detail. This would be of interest to medical professionals who your attorney could consult with to evaluate the severity of your injuries. I... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do I have a good case?

I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More

James Clifton
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James Clifton
answered on Oct 24, 2023

When you are rear-ended in a car, liability almost always lies with the car that struck you from the rear. Absent an exception to the general rule or negligence on your part, liability has been presumptively established against the other driver. Any accident that causes a concussion is serious.... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was rear ended. Immediately had neck pain, back pain. Have pre/existing neurological condition. Is this a strong case

I have occasion hemorrhage over brain. Accident caused light headiness, feeling of brain swelling with tightness in my face plus lips tingled. Neurologist said the rattle of brain inside skull in rear end collision cause my pre-existing condition to regress backwards. Neurological symptoms lasted 6... View More

James Clifton
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James Clifton
answered on Oct 24, 2023

Even if you have a preexisting condition, any aggravation to that condition or additional damage is the responsibility of the at-fault party. Schedule a free consultation so your medical records can be fully assessed. Don't wait too long though because the statute of limitations is 2 years for... View More

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Georgia on
Q: Are medical bills directed to deceased victim resulting from head on auto accident consider restitution ?

How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?

James Clifton
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James Clifton
answered on Oct 12, 2023

Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: A Personal Injury Attorney, representing the plaintiff in a motor vehicle accident, has filed a complaint/lawsuit

The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30... View More

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

A Georgia attorney could advise best, but your question remains open for a week, and time is generally of the essence in motion practice in any jurisdiction. Court can dismiss, but that could depend on the court and the motion. It looks like you may be represented by an attorney. If that's the... View More

2 Answers | 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

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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
PREMIUM
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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