answered on Jun 28, 2022
Assuming the other driver was at fault, you can still pursue lost wages against the at fault driver and recover any lost wages from the personal assets of the at fault driver. This is true regardless of the $25,000.00 in liability limits being exhausted to cover medical expenses, general damages,... Read more »
car came flying up the rd and hit me my truck haven't even moved I was basically stopped would I be considered at fault
answered on May 29, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. The general rule nationwide in a most settings is that the vehicle striking from the rear is at fault. However, an attorney would probably have questions about this accident in terms of why you stopped, why you put... Read more »
The insurance was still on the vehicle from previous owner and they refuse coverage.
answered on May 24, 2022
The insurance company likely denied coverage because the other vehicle involved was at fault. Thus, you should attempt to recover any property damage or bodily injury claims from the at fault driver's liability insurer. However, as a general matter, the insurance on your vehicle runs with the... Read more »
The car came flying up the rd and hit me my truck haven't even moved I was basically stopped would I be considered at fault
answered on May 19, 2022
Usually when you get hit from behind by a negligent driver ("rear-ended") the police officer will give the other driver a citation (traffic ticket) for violation of OCGA 40-6-49 (which is the "following too closely" law). It's unusual, but not impossible, for you to be... Read more »
I was rear ended by an employee of a car dealership who was on the clock at the time. The employee was on a large tablet-like device not paying attention while driving. This employee also was in a customer's car and not a company car. Do I just deal with insurance or do I have the right to go... Read more »
answered on May 8, 2022
Did you experience any injuries as a result of the collision?
I was in a at fault car accident in Feb 2021 and budget decides in March 2022 to contact me saying they decided to total the car as a business decision..They saying my insurance only paid 10,000 and I have a balance of over 11,000 for the loss of the car...My insurance saying that they fail to send... Read more »
answered on May 5, 2022
This is not a family law case. You may want to post in a different forum.
The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... Read more »
answered on Apr 8, 2022
If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.
The police officer failed to do her due diligence on report and lost information that was valid to report and was calling my daughter harassing her about information she (officer) needed. The rental company stated that they would have someone call me so that I could show them the pictures of the... Read more »
answered on Apr 8, 2022
Look to your liability insurance policy/contract. Your insurer may have denied coverage because your liability policy does not cover your daughter driving a rental car. This could be for many reasons: daughter is an excluded driver under your policy, your policy does not cover rental cars driven by... Read more »
No information was exchanged for insurance purposes
answered on Apr 6, 2022
If you have collision coverage, your insurance will pay to fix your car. If you do not have collision coverage and the other driver's insurance carrier determines the other driver was at fault, then the other driver's insurance will pay to fix your car. However, because you received a... Read more »
The officers didn't radio it in or try to stop the hit and run
answered on Mar 30, 2022
This question brings up Qualified Immunity, which is a defense under which cops are immune from civil suits for violating constitutional (i.e. arguably your brother's 4th amendment unreasonable seizure right and possibly an excessive force claim) and statutory rights in the course of... Read more »
The stopped vehicle was over the crest of a hill and I had little time to check following traffic. Can I have my citation for illegal lane change thrown out? There was minor paint damage done to both my vehicle and the one in my blind side on the right when I swerved.
answered on Mar 30, 2022
This sounds like an emergency/unavoidable accident defense. Under Georgia Law, if the accident could not have been avoided and you are rapidly (i.e. exigency is key) responding to an emergency, not created by your own negligence, then the accident is just that-- an accident. Thus, you will not be... Read more »
answered on Mar 30, 2022
It will be a fact based question. If your daughter was attempting to change lanes when the other vehicle was established in their lane, then your daughter will likely be found at fault. However, if your daughter was established in her lane and the other vehicle improperly entered your... Read more »
answered on Mar 20, 2022
A Georgia attorney could advise best, but your post remains open for two weeks. Until you are able to discuss meaningfully with a Georgia attorney familiar with state vehicle & traffic law or public safety law, as a general matter, most regions would place responsibility on the property owner.... Read more »
no injuries and police not called, insurance exchanged but other driver does not want to involve insurance and wants us to pay for their damages.
answered on Feb 2, 2022
A Georgia attorney could advise best, but your question remains open for two weeks. In general, these can be difficult cases wherever they occur. It's usually one person's word against the others. Without some supporting evidence in terms of video footage or reliable unbiased eyewitness... Read more »
answered on Jan 25, 2022
It is a misdemeanor offense, punishable by a maximum of 12 months in custody and a $1,000 fine.
Beyond the criminal penalties, you are also exposed to civil tort liability (a lawsuit) for any injuries or property damage caused by the unlicensed person you permitted to drive your vehicle.... Read more »
answered on Jan 17, 2022
Short answer is that if you disagree with the position of your insurance company and/or the opposing insurance company, and you are seeking damages, then your next step is to file a lawsuit and let a judge or jury decide who was at fault.
My car broke down in the road and my passengers and I got hit and 1 died
answered on Jan 12, 2022
The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... Read more »
answered on Jan 11, 2022
Yes, they can sue you, and if they win, they can take collections actions against you to collect on their judgment.
If they have uninsured motorist insurance coverage, their insurance company can sue you, as well.
If you would like assistance putting yourself in the best possible... Read more »
answered on Jan 4, 2022
That is a section of Georgia Law which addresses medical and other liens on your potential settlement or award. Below is the code section. If you were injured in a car wreck, it was someone else's fault, and you want to speak with a lawyer about your potential case, feel free to give my office... Read more »
answered on Dec 10, 2021
More information is needed here to properly respond to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
