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?
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 
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?
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
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
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
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
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
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
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
I was merging over to shoulder when I got hit
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
IS A FALSE CLAIM. WHAT CAN I DO TO ARGUE TO MY INSURANCE COMPANY TO NOT PAY THE CLAIM?
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
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
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
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
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
is the person who caused the accident at fault? Progressive insurance did not accept liability for the cause of the accident.
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
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
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
Walked away from the incident and the guy said everything was fine, nothing to report both drove off.
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
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?
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
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
I was driving down the street and a property owner had his trash can near the road way n I hit it with my vehicle I broke my mirror.
I reported it to police they said I'm at fault but after doing some digging the city ordinance prohibited his trash being placed there on the incident... View More
answered on Feb 22, 2024
In order for someone to be liable for your damages, their negligence must have been the cause of the damage. Here, what you describe is that the cause is your inattention, not that the object was at the street.
answered on Dec 26, 2023
Where an attorney takes on a case with no money up front for attorney fees, and no attorney fees as the case progresses, and the attorney is paid out of what is collected, is called a contingent fee.
and the defendant/respondent has had the opportunity to file an answer and files with a motion to dismiss, is the plaintiff's Attorney required to respond to that motion to dismiss? And if yes, does the Attorney for the plaintiff have a certain deadline to respond to that motion to dismiss... View More
answered on Sep 27, 2023
An attorney should respond, though it is possible there might be rare reasons no to.
The court might automatically dismiss the case, or part of the case, for a failure to oppose.
Will I be able to recover anything for the loss of my vehicle under my uninsured motorist coverage. My car was driven away from my home by the thieves. Technically they were not insured to drive my car. The police are not optimistic about me getting the car back. How do I proceed with my insurance... View More
answered on Aug 13, 2023
If you do not have comprehensive coverage, you likely will not receive any compensation from your insurer as it covers theft and vandalism.
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