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Georgia Insurance Defense Questions & Answers
2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can I reinstate stopped long-term disability benefits after 24 months due to medical disagreement?

I was receiving long-term disability insurance through my former employer for 24 months, but the benefits stopped. The company, Lincoln Financial, claims that independent studies suggest there are other occupations I can perform, but my doctors and neurosurgeon disagree, stating I need lumbar... View More

Damon Miller
Damon Miller
answered on Apr 2, 2025

Yes, it is possible. It sounds like your policy is most likely governed by a federal law called "ERISA." It will depend on the language of the policy, but most long-term disability policies pay benefits for 24 months while you are disabled and unable to work in your own occupation. After... 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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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: When making a right hand turn if someone speeds around you and hits your passenger side shouldn't their insurance cover?

I was slowing to make a right hand turn into my driveway the kid behind me said he thought I was going left and was trying to go around. He hit my front fender and mirror (passenger side). We both have Allstate and they say I can either pay 40% of the damages to my vehicle and nothing on his or I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2024

A Georgia attorney could advise best, but your question remains open for almost two weeks. That defense is commonly raised in settings where the turning vehicle was far enough away from the direction of the turn to enable a vehicle to try to pass inside. You could challenge it, on your own or with... View More

2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

T. Augustus Claus
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answered on Dec 29, 2023

If you've been involved in a car accident in Georgia and the at-fault party's insurance is claiming difficulties in locating their client, it's advisable to take certain steps to protect your interests. Firstly, document all communication with the at-fault party's insurance,... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Georgia on
Q: Car Accident on Nov 6th. Not at fault. Car insurance from the at fault party claims they can't resolve it.

The adjuster for the at fault party's insurance claims he can't find his client. He claims that he can't resolve our situation until he can find his client and get information from him. I don't believe that is our problem, especially nearly 2 months in. State Georgia, county... View More

Tim Akpinar
Tim Akpinar
answered on Dec 31, 2023

You could exercise one of the options you list - contacting a lawyer. However, from what you describe, it sounds like a property damage-only claim. Those claims could be difficult to find contingency representation by an attorney. Your options include retaining a lawyer, handling it yourself in... View More

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1 Answer | Asked in Personal Injury, Insurance Defense and Real Estate Law for Georgia on
Q: Am I liable for injuries from a dirt bike accident when not present or aware of usage rules, and could homeowner's insurance cover it?

I purchased a dirt bike for my son as a gift. Although he does not live with me, the dirt bike is kept at his home with his mother. While the mother, son, and multiple people were present, they allowed a friend to ride the dirt bike on their property. The friend was injured badly after being struck... View More

James L. Arrasmith
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answered on Apr 12, 2025

Based on the information provided, you may not be directly liable for the injuries if you were not present and did not authorize the use of the dirt bike at the time of the accident. However, because the dirt bike is registered in your name, there could be some indirect liability depending on local... View More

1 Answer | Asked in Car Accidents, Consumer Law, Personal Injury and Insurance Defense for Georgia on
Q: Stolen car impounded, modified without consent, need car returned.

I reported my car stolen to the police, but they delayed taking the report until February. I located my car on Facebook Marketplace, and the police impounded it. The car lot owner claims to have modified my car without my authorization, and the police are in the process of returning parts to the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you're dealing with a frustrating and complex situation involving both law enforcement and the car lot owner. Since your car was stolen and then modified without your consent, you may have a case for theft and damage to your property. If the car lot owner is modifying your car... View More

1 Answer | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Georgia on
Q: Need advice on stolen car found in pieces, possible legal actions.

I had my car stolen, and although it was insured, the claim was initially closed because the car was found before a payout. The police impounded the car, took parts out, and returned them to the car lot owner where the car was found. Now, my car is reportedly in pieces, and I've had no access... View More

James L. Arrasmith
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answered on Apr 12, 2025

First, you should gather all documentation related to your insurance claim and the police report. If the police did not handle your case properly or failed to return your car in its original state, you may want to file a formal complaint with the police department. You can request that they provide... View More

1 Answer | Asked in Car Accidents, Insurance Defense, Traffic Tickets and Personal Injury for Georgia on
Q: Liability for uninsured son driving insured car with owner present in Georgia after road accident.

While driving someone else's insured car with the owner present, my 16-year-old son drove off the road, resulting in damage that required the vehicle to be towed. He was issued a ticket for failure to maintain lane and there is an associated fine. My son does not have his own liability... View More

James L. Arrasmith
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answered on Apr 12, 2025

This must feel overwhelming, but you’re not alone—situations like this happen more often than people think. In Georgia, **insurance typically follows the vehicle**, not the driver, which means the car owner’s policy is usually the primary coverage for an accident. Since your son was driving... View More

1 Answer | Asked in Consumer Law, Insurance Defense and Civil Litigation for Georgia on
Q: Can I dispute Progressive Insurance's decision to total my car due to fees?

I am dealing with a situation where Progressive Insurance has deemed my car a total loss due to body shop storage fees and administrative fees totaling $2,000. I want to dispute their decision before they take possession of my car. Can I take them to court? Additionally, what steps should I take to... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s understandable to feel frustrated when your car is declared a total loss not because of damage, but due to added fees. In Georgia, an insurer can declare a car a total loss if the combined cost of repairs and related expenses—like storage and administrative fees—exceeds a certain... View More

2 Answers | Asked in Contracts, Car Accidents and Insurance Defense for Georgia on
Q: Verbal agreement after scratching coworker's car; paid damages, no insurance involved. Any concerns?

After scratching a coworker's bumper while leaving work, I immediately informed them, and we verbally agreed on $400 for the damages, which I paid right then. I didn't notify insurance or the police. I have two coworkers as witnesses to this verbal agreement. I don't have the other... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Georgia attorney could advise best, but your question remains open for a week. Given the amount of the matter, the fact that it appears to be resolved, and that you have witnesses, you might want to simply "let sleeping dogs lie." It's up to you. What you could keep in mind if... View More

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1 Answer | Asked in Personal Injury, Business Law, Real Estate Law and Insurance Defense for Georgia on
Q: Can I be sued if someone gets hurt at my fundraiser concert?

If I host a fundraiser concert with vendors on my property for a nonprofit organization, can I be sued if someone gets hurt, even though the nonprofit has insurance? The event will have over 300 attendees, with security and medical staff present, and areas are secured with cones and warning signs.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Georgia attorney could advise best, but your question remains open for a week. Unfortunately, there's no predicting what a claimant might do, despite the insurance of the nonprofit. One option is to explore event insurance, if available. Good luck

1 Answer | Asked in Insurance Defense for Georgia on
Q: do you have to have insurance on a vehicle in Georgia? That doesn’t run?
Tim Akpinar
Tim Akpinar
answered on Dec 29, 2024

A Georgia attorney could advise best, but your question remains open over a week. Until you are able to speak with a local attorney for definitive, state-specific guidance, the short answer nationwide in most places is that if the vehicle is registered, it needs to be insured. The DMV isn't... View More

4 Answers | Asked in Traffic Tickets, Car Accidents and Insurance Defense for Georgia on
Q: I was issued a citation for failure to yield Section 40-6-71.

APD Officer told me the ticket is No points and I can pay the fine online. Is this true?

Glenn T. Stern
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answered on Nov 12, 2024

No, that is not correct. That ticket is a 3-point violation. Also, if the ticket was issued as the result of an accident, even if you are be able to pay it online, Georgia law still requires you to show up for your court date.

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1 Answer | Asked in Criminal Law, Federal Crimes, Insurance Defense and Traffic Tickets for Georgia on
Q: In 2021 I am a victim of identity theft.Crimes were committed in my name, fraudulent insurance claims in my name, and a
Tim Akpinar
Tim Akpinar
answered on May 28, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. You could work with the insurance companies to investigate the matter. If they share information with you on what their special investigation units learned, that might help you in preventing future incidents and... 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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1 Answer | Asked in Insurance Defense, Legal Malpractice and Medical Malpractice for Georgia on
Q: How can I dispute a medical bill that's charging 20000+ when all I had was trigger point shots and barely therapy?

I got into an accident last year that was caused by the other driver. I was transported seen about but wasn't hospitalized. I was treated for pain outside from the hospital. I went to a suggested treatment place my lawyer referred me to. However, I wasn't In and out the doctors office... View More

Tim Akpinar
Tim Akpinar
answered on May 31, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. An attorney would want to see the file to offer definitive advice - your medical plan, approval of services, billing issues, and other details. Good luck

1 Answer | Asked in Car Accidents and Insurance Defense for Georgia on
Q: MY AUTO INSURANCE HAS DECIDED TO PAY A CLAIM MADE AGAINST MY POLICY. MY POSITION IS THAT NO ACCIDENT OCCURRED AND THIS

IS A FALSE CLAIM. WHAT CAN I DO TO ARGUE TO MY INSURANCE COMPANY TO NOT PAY THE CLAIM?

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Insurance Defense for Georgia on
Q: Yes, I got pulled over & arrested for no insurance and was wondering how to go about the situation in court & what to do
Tim Akpinar
Tim Akpinar
answered on May 22, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Reach out to Georgia criminal defense attorneys to discuss the arrest. That's the most pressing issue. Once that is addressed, you could figure out why the insurance lapsed - glitch in auto payment, lost bill,... View More

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