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Georgia Car Accidents Questions & Answers
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

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: Would you use GA SOS to serve a nonresident who is the owner of a vehicle involved in an accident?

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?

Michael W. Horst
Michael W. Horst
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

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: I won a settlement but the company is not paying. What can I do ?
Michael W. Horst
Michael W. Horst
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

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1 Answer | Asked in Car Accidents for Georgia on
Q: A drivers friend hit my parked car and I’ve called the police have report and the owner is saying it’s not her fault and

And insurance is giving me the run around

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 21, 2022

If insurance is giving you the run around then you should consult with an attorney to represent yourself, although in this situation, depending on the amount of the damage to your vehicle and whether or not you had collision coverage and the corresponding deductible to your vehicle, you might just... View More

1 Answer | Asked in Criminal Law and Car Accidents for Georgia on
Q: I wanted to know what I should do next if I left a scene of a situation

I got into an argument with a family member when I tried to leave the family member but themselves in front of my vehicle started recording me and I proceeded to leave and I ended swiping the car door panicked and left cause I had no insurance and she told the police I tried to hit her with my car

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

Pay to fix the person's car and call the District Attorney's office and the police department in the county/city where the incident occurred to determine if an arrest warrant has been issued.

1 Answer | Asked in Car Accidents for Georgia on
Q: My boyfriend was driving my car and was in an accident. He was deemed not at fault but the other guys ins denied claim.

My bf was insured to drive my car. While driving it, he was in an accident. I was not there. He got a speeding ticket based solely on the slide to stop formula and that was the reason stated for the claim being denied even though the report said it was the other guys fault. My bf had liability... View More

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 24, 2022

If you have collision coverage, then your insurance should likely pay your property damage claim, regardless of fault. If you have collision coverage (or the equivalent of said coverage), you should make a claim with your insurance company. While the alleged at-fault driver's insurance has... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: Am I supposed to get car accident settlement money??

I was in a car accident in a car owned by someone else but insured and maintained by myself. When the at fault drivers insurance issued a settlement, it was given to the owner of the car, who pocketed all the money. Was I supposed to get anything?

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It would help to see the wording of your policy. But in general terms, the way it works nationwide is that the policyholder (who is usually the vehicle owner) gets the check for property damage and they use the... View More

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: State of Ga do i have to divulge a settlement amt from @ fault carrier to “my”carrier before they pay for UIM claim? Why
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Until you discuss this definitively with a local attorney, the general answer to your question nationwide is "yes." Insurance practices are governed by state law, but in general, insurance carriers have a... View More

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2 Answers | Asked in DUI / DWI, Traffic Tickets and Car Accidents for Georgia on
Q: I'm 18 years old and got a reckless driving charge in GA. Am I allowed to drive (safely) between now and my court date?

I got a reckless driving and street racing charges on my record, but my car wasn't damaged and no one was injured. I'm currently out on bail. My DDS dashboard says my license is valid and when I called them the lady on the phone said that it also shows it's valid on her end. Does... View More

Sean McIlhinney
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Sean McIlhinney
answered on Jul 17, 2022

In Georgia an under 21 years old's driver's license is not suspended just merely based on the issuance of a reckless driving charge. If you are convicted of the reckless driving you will suffer a 6 month license suspension. A lawyer may be able to help you avoid the suspension by... View More

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1 Answer | Asked in Car Accidents for Georgia on
Q: I was in an accident and they only had $25,000 in coverage.I didn't have any additional coverage.Can I get lost wages
Zachary Taylor Beck
Zachary Taylor Beck
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,... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: was rear ended by a speeding car in a neighborhood, when I stopped looked there were no cars put my vehicle in revers

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

Tim Akpinar
Tim Akpinar
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... View More

2 Answers | Asked in Car Accidents for Georgia on
Q: Me and my family were involved in a car accident in which the other driver was at fault. But previous owner insurance.

The insurance was still on the vehicle from previous owner and they refuse coverage.

Zachary Taylor Beck
Zachary Taylor Beck
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... View More

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1 Answer | Asked in Car Accidents for Georgia on
Q: I was rear ended by a speeding car in a neighborhood, when I stopped looked there were no cars put my vehicle in reverse

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

Tristan Blain Morrison
Tristan Blain Morrison
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... View More

1 Answer | Asked in Car Accidents for Georgia on
Q: What options do I have after a car accident in Georgia?

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... View More

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2022

Did you experience any injuries as a result of the collision?

1 Answer | Asked in Car Accidents for Georgia on
Q: Why would they wait a year later to decide to total a car and can they hold back supporting documents

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... View More

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2022

This is not a family law case. You may want to post in a different forum.

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

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... View More

Zachary Taylor Beck
Zachary Taylor Beck
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.

1 Answer | Asked in Car Accidents and Insurance Defense for Georgia on
Q: My daughter was hit by another driver while in a rental through my car insurance. Now rental company billing me

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... View More

Zachary Taylor Beck
Zachary Taylor Beck
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... View More

1 Answer | Asked in Traffic Tickets and Car Accidents for Georgia on
Q: Was hit by a car who ran the light while leaving gas station cop gave us citation who's Responsible for my vehicle?

No information was exchanged for insurance purposes

Zachary Taylor Beck
Zachary Taylor Beck
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... View More

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