The immediate aftermath following any kind of motor vehicle crash in Georgia can be an extremely confusing and stressful time for people who were injured in the accident. In most cases, crash victims must file insurance claims with the proper insurance company, a process that can involve multiple phone conversations and signing several different types of paperwork.
Many people can easily become overwhelmed when trying to sort out what is and is not covered by certain insurance policies. The best way to ensure that you get all of the compensation that you are entitled to following an automobile collision in the Atlanta area is to immediately retain legal counsel who understands all of the complexities involved in insurance claims.
If you were recently involved in any kind of car crash in Georgia that resulted in you suffering serious injuries or the death of your loved one, it is in your best interest to seek legal representation before speaking to any insurer. Marcus A. Roberts & Associates helps people injured in automobile accidents in DeKalb County, Gwinnett County, Cobb County, Clayton County, Fulton County, and many other surrounding areas.
Atlanta personal injury attorney Marcus A. Roberts will work closely with you to help fight for the compensation you need and deserve for your medical bills, lost wages, and pain and suffering. He can provide a complete evaluation of your case when you call 404-577-4444 to set up a free, no obligation consultation.
When a person has been injured in any kind of motor vehicle crash, one of the first things that needs to be determined is which insurance policy will cover the costs associated with that individual’s injuries. When an accident is the result of another motorist’s negligence, the injured person may be able to file a claim against any of the following insurance policies of the negligent motorist:
In addition to the insurance policies of other parties, an injured person may also be able to file insurance claims with his or her own insurance company in certain cases. Some of the types of insurance policies that claims may be filed against following a car accident include:
Other applicable types of insurance in certain cases may include resident relative UM policies, GAP insurance, or life insurance.
No two car crashes are the same, and the actual claims process following an accident can also be different for certain individuals depending on the specific facts relating to their cases. Most claims will involve people having to do all of the following:
Insurance Claims Tips — The Georgia Department of Insurance (GADOI) and the Insurance Commissioner are responsible for regulating the insurance marketplace. On this section of the GADOI website, you can find various tips for filing insurance claims in Georgia. The GADOI recommends people seek professional advice when they have questions regarding the fairness of their settlements, and you are encouraged to contact the office if you have further questions about a claim or policy.Office of Insurance and Safety Fire Commissioner
Cotton States Mutual Insurance Co. v. Brightman, 580 S.E.2d 519, 522 (Ga. 2003) — James Brightman was seriously injured in August 1992 when a van owned by Lynn Martin and driven by Gregory Cumbo struck his car as he was turning left at an intersection controlled by a traffic light. Police charged Brightman with failure to yield the right of way, but also charged Cumbo with speeding, causing serious injury by a vehicle, and—later—driving under the influence based on a blood test that revealed the presence of marijuana metabolites in his blood. When Brightman’s attorney wrote Cotton States offering to settle claims against Martin and Cumbo for $300,000, Cotton States declined to accept the offer, citing a police officer’s testimony that Brightman caused the accident, the company’s inability to discover how a second officer calculated Cumbo’s speed, and its desire to await the outcome of Cumbo’s DUI case, resulting in Brightman withdrawing his offer to settle. Brightman obtained a $1,787,500 judgment against Martin and Cumbo, leading to Brightman suing Cotton States for its bad faith and negligent refusal to settle the personal injury action. A jury returned a verdict in his favor, and the Court of Appeals for the State of Georgia affirmed. On April 29, 2003, the Supreme Court of Georgia affirmed the decision of the Court of Appeals, holding that “an insurance company in a case involving multiple insurers may be liable to its insured on a bad faith claim when it fails to tender its policy limits in response to a settlement offer solely because the offer also seeks the policy limits from other insurers.” The Supreme Court, however, disapproved of the language in the Court of Appeals opinion “placing an affirmative duty on the company to engage in negotiations concerning a settlement demand that is in excess of the insurance policy’s limits.”
Did you sustain catastrophic injuries or was your loved one killed in any kind of automobile accident in Georgia? Do not say anything to an insurance company until you have contacted Marcus A. Roberts & Associates.
Marcus A. Roberts is an experienced personal injury lawyer in Atlanta who represents individuals all over Cobb County, Gwinnett County, Clayton County, DeKalb County, and Fulton County. Call 404-577-4444 or fill out an online contact form to have our attorney review your case and answer all of your legal questions during a free initial consultation.