Motor Vehicle Accidents: Learn One of the most confusing aspects of your automobile accident case has to do with automobile insurance. Your rights, and the progress of your case, depend in large part on what kind of insurance you have, as well as what kind of insurance was carried by the other driver.
No-Fault Insurance (or PIP, Personal Injury Protection)
Prior to October 1, 1991, Georgia law required every driver to be covered by "no-fault" insurance. Under the old no-fault system, your own car insurance company paid for your medical bills and lost wages. No-fault has been repealed in Georgia. This means that if you are injured or lose time form work, your car insurance will not pay benefits. You can purchase extra cost insurance to cover medical bills ("medpay") and/or lost wages (lost wage reimbursement), but this supplemental insurance will not be included in your policy automatically as it was under "no-fault." If you do not have medpay or lost wage reimbursement coverage, you will have to sue or settle with the negligent driver's insurance company to recover the cost of medical bills and/or lost wages.
Supplemental Coverage
As noted above, you can purchase, at extra cost, medpay insurance to cover the cost of your medical bills should you be in an accident regardless of whether you were at fault in the accident. Lost wage reimbursement coverage will pay a percentage of your lost wages in a similar fashion. If you do not have health insurance or if you are not sure what coverage you have, ask us or your insurance agent to verify that you have enough coverage.
Property Damage Insurance
By far, the most frustrating part of your case will involve the repair and payment of damage done to your car. The reason that auto damage claims are so difficult to handle is that insurance companies will try to avoid paying for anything but the most direct evidence of damage. For example, if two weeks before your accident, you had taken your car to a mechanic for a tune-up, a wheel alignment, a radiator flush, and an oil change, none of the money you spent would be reimbursable to you.
If your car is considered "totaled" because the cost of repair exceeds its value, you will discover that the insurance company only wants to pay you the "blue book" value of your car Often, the "blue book" value is much less than what your car was worth to you. We will do what we can to increase the property damage offer, but usually you will only be reimbursed for the blue book value.
One way to help increase the amount of money you will receive for property damage is to take your car to at least two reputable mechanics for estimates. You should also take pictures of the damage to your vehicle as soon as possible after the accident. These steps will help you decide whether the insurance company's estimate is accurate, and will help you prove your out of pocket loss should your case go to court.
We also recommend that you first submit your property damage claim to the other driver's insurance company for payment. If the other driver's insurer agrees to pay for your damage, they are admitting that their insured was at fault-an admission that will help us in settlement negotiations. In addition, you will not have to pay the deductible you will pay if your insurance company pays.
If you have "collision" coverage on your policy, your property damage will be paid even if the other driver's insurance company refuses to admit liability. If you do not have collision coverage, and the other driver's insurer refuses to admit liability, you will probably have to wait until the time of settlement before your car is fixed.
We recommend that you handle your property damage claim as quickly as possible. Neither wrecker yard storage fees nor rental car bills are usually paid by insurance beyond a few days. Please call our office if you have any questions about this area.
We often find that our clients can settle their own property damage claims faster than we can. If you do choose to handle your own property damage claim, remember to be careful about what you say, and do not discuss your physical condition or your version of the accident with the property damage appraiser.
Liability Insurance
The other driver's insurance company is called the "liability carrier." The other driver's liability policy will pay you, as the victim of the other driver's negligent acts, for your pain and suffering and out of pocket damages. As your counsel, our job is to supply the liability carrier with complete documentation about your injury, and to negotiate the highest possible settlement to compensate you for your pain and suffering and your outstanding medical bills and lost work claim. We will begin our negotiations after your doctor has released you form treatment and we have received all medical bills and reports from your doctor. Please be patient. Even if we provide the liability insurance carrier with complete documentation, they may take up to thirty days to respond to our settlement demand.
While every case is different, here are some of the important factors that influence negotiations with the liability carrier:
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Was the other driver clearly at fault?
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Did the police come to the scene? Was the other driver cited?
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Was alcohol a factor in this accident?
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Was the weather a factor in this accident?
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Did an ambulance take you to the emergency room?
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Did you go to the doctor within a day or two following your accident?
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Were you treated by a medical doctor or a chiropractor?
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Did you miss days from work?
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Do you have any permanent injuries or scars?
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How bad was the damage to the car you were in?
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How much were your medical bills?
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Did you keep a daily diary of your pain ad suffering?
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Do you have pictures of your bruises or scars?
You can help us by keeping accurate records of all of your out of pocket expenses and keeping a diary of your daily pain and inconvenience.
What's My Case Worth?
You may wonder exactly how much your case is worth. We do not feel that is proper for us to guess about this until we have had a chance to review all of the facts of your case, speak to your doctor, and speak to the insurance company. We will present all settlement offers to you along with our evaluation of your case. The final decision in regard to your settlement is in your hands.
We hope that the above information will help you better understand how we would manage your case, and what you can expect from our office. Your job will be to follow your doctor's instructions, document your injuries, and use your common sense. Our job is to gather all necessary information, negotiate with the insurance companies, and arrive at a settlement that you will be happy with.
