We all carry insurance, but we also hope never to have to use it. Unfortunately, accidents do happen, and sometimes filing a Georgia insurance claim is a necessary evil. It’s a good idea to familiarize yourself with just how these claims work and with the Georgia-specific details.

If someone else’s negligence causes you to suffer an injury, you owe it to yourself to consult with an experienced personal injury attorney. The skilled Duluth, GA Insurance Claims Attorneys at Brauns Law Accident Injury Lawyers, PC has the experience, knowledge, and dedication to aggressively advocate for your claim’s most advantageous resolution.

Your Accident: Your Duluth Insurance Claim

If you suffered an injury caused by someone else’s negligence, insurance is going to play an important role in your financial recovery, and several aspects of Georgia personal injury law apply.

  • Statute of limitations
  • Comparative fault laws
  • Georgia car insurance laws
  • Damage caps

Georgia applies a two-year time limit or statute of limitations to all personal injury claims. This means that you have two years from the date of your accident to make a claim. Furthermore, for a claim against a city or county in Georgia, you have only six months to bring a claim forward.

You’ve been in an accident that was caused by someone else’s negligence and that’s left you injured. It’s obviously a difficult time, but sometimes the negligent party will provide a narrative that puts all or some of the blame back on you. For such situations, Georgia employs a modified comparative fault rule that can reduce or even negate the compensation you’ll recover (if you are determined to be mostly or partially to blame for the accident that caused your injury).

For example, if you were speeding at the time of your car accident, an investigation could determine that you were 10 percent at fault for the accident that ensued. In such a case, Georgia’s comparative fault rule would reduce your compensation to 90 percent of your total damages.

Georgia’s courts apply the comparative fault rule in personal injury cases, and insurance companies typically follow suit.

When it comes to car accidents specifically, Georgia is a fault state in the sense that if someone else’s negligence causes your injury, you can seek compensation in several ways. You can file a claim with your own insurance company, you can file what’s known as a third-party claim with the negligent driver’s car insurance provider, or you can file a claim in court.

Although many states put limits or caps on the amount you can recover in a personal injury case, Georgia does not. The Georgia Supreme Court has ruled that these caps aren’t in keeping with citizens’ constitutional rights.

Duluth Car Insurance Claims

Because many people are confused by the ins and outs of car insurance, it’s worth going into in more detail. Currently, drivers in Georgia must carry a minimum of $25,000 of bodily injury coverage and a minimum of $50,000 of coverage per occurrence or crash. Furthermore, motorists must carry a minimum of $25,000 in property damage liability. In other words, if a driver is at fault for another person’s injuries, that driver’s insurance will cover as much as $25,000 (the amount depends on the amount of coverage carried). Physical damage coverage is yet another form of car insurance that covers the physical damage to your property (your vehicle). Georgia doesn’t mandate this coverage, but most banks won’t finance a vehicle without it.

Your Georgia Coverage

With no-fault coverage, if you were injured due to someone else’s negligence in a car accident, you would recover your damages through your own car insurance policy. You could collect as much as the limit of your personal injury protection (PIP), and you could only sue the negligent party if your damages exceeded the amount of your PIP coverage.

In Georgia, however, that’s not how it works. If someone else’s negligence causes your car accident injuries, you can sue the negligent party for the full amount of your financial damages. These damages can encompass your total medical costs (including necessary ongoing treatments), lost wages and earnings, the pain and suffering brought on by the accident, and any other expenses that are directly related to the car accident.

Comparative Negligence

Georgia adopts the stance that both drivers probably share some of the blame for any accident that ensues. As such, Georgia employs a modified comparative fault rule, which decrees that any driver who is found to be more than 50 percent responsible (or 50 percent at fault) for an accident cannot sue the other driver for damages of any amount.

Accidents of any kind are difficult. When you’ve suffered an injury that someone else’s negligence caused, it can be more difficult still. Consult with an experienced Georgia personal injury attorney.

Compensation

After you establish the liability related to your accident, your claim will come down to your full and fair compensation. Insurance companies rarely offer settlements that fully address all of the damages suffered. It’s important to remember that insurance companies are for-profit businesses. Don’t assume that an insurance company (even your own insurance company) is putting your best interests first.

A settlement offered in haste can’t possibly address all of the adverse implications of your accident, because an accident’s effects commonly blossom during time. Once you accept a settlement, you forfeit the right to seek additional compensation through the courts. Think before you sign—it’s always a good idea to consult a knowledgeable personal injury attorney before accepting a settlement.

Duluth Insurance Claims FAQ

Insurance claims can be confusing. Whether you were in a car accident, had a slip and fall, or some other type of personal injury, you need a lawyer who understands the basics of how insurance claims work and what you can do if you feel the insurance company acts unfairly towards you. Here are the answers to some of the most common questions we get regarding insurance claims. Suppose you have problems with the insurance company or further questions. In that case, it’s never a bad idea to contact an experienced Duluth insurance claims attorney.

When it comes to auto accidents, you have a duty under the cooperation clause of your policy to report any accidents to your own insurance company as soon as possible. This applies even if the accident was another party’s fault.

If you don’t report the accident as soon as possible, your insurer could argue that you didn’t abide by the cooperation clause, and deny your claim, cancel your insurance coverage, or raise your premiums. Additionally, you never know if someone from the other vehicle could try to blame you for the accident. Your insurance company can better protect your interests if you’ve already reported the accident.

With any other type of insurance, report the accident sooner rather than later. This ensures a resolution to your claim sooner and decreases the risk that someone else could report incorrect information.

Call us. If you have a good case, we can help you comply with your insurance policy’s terms.

Suppose you suffered injuries in a car accident with another driver who is uninsured (or underinsured). In that case, you should report the accident to your auto insurance company and find out how your own insurance coverage applies. Uninsured motorist coverage (UIM) is additional coverage available from your insurance company. It isn’t mandatory in Georgia; however, you must reject it if you don’t want it. UIM coverage protects you if you’re involved in an accident with a driver who doesn’t have auto insurance but is at fault for the accident.

If you sustained serious injuries that won’t be covered by adequate insurance, protect your financial well-being by talking to an experienced car accident attorney about your options. You may need to pursue a lawsuit against the at-fault driver.

No.

It’s common for the insurance adjuster from the at-fault party’s insurance company to call within a few days of reporting the accident. They want to talk to you before you get legal advice. Usually, they will ask you for a recorded statement. Adjusters often act friendly and as if they are on your side. They’ll make giving a recorded statement sound like no big deal. You’ll probably want to comply to keep your claim moving or might even assume you have to comply.

The problem is, whatever you say in your recorded statement, or even at any other time, can work against you. The adjuster is likely to twist your words, ask you leading questions, and use other tactics to deny or devalue your claim. You have the right to protect yourself by declining to give a recorded statement and calling a qualified attorney instead. Once you have legal representation, you can direct the insurance adjuster to speak with your lawyer. This way, you’ll never have to speak to the insurance adjuster without your lawyer present.

Whatever your injury or property damages, you deserve to be compensated fully and fairly for your losses. Rarely does an insurance company offer a claimant what they truly deserve. A skilled attorney will know the value of your claim and use that to negotiate with them.

The value of your claim can depend on many different factors, such as:

  • The value of your property damage
  • Your medical expenses
  • The extent of your injury
  • How much pain and suffering you endure
  • The policy limits of any applicable insurance policies
  • The credibility of any witnesses
  • If any damage caps apply to your claim

To learn more about what your claim might be worth, consult our knowledgeable Duluth insurance claims attorneys today.

This answer depends on the insurance company. Unfortunately, for most claimants, the answer is no. The goal of all insurance companies is to make money, not take care of their insureds or claimants. If they pay every claimant fairly for their claim, they couldn’t make as much money.

If there is a viable way for them to circumvent paying you a fair settlement, they are quite likely to take advantage of it. Insurance adjusters use many tactics to avoid paying you what you really deserve.

These tactics include:

  • Befriending you and acting genuinely concerned for your well-being
  • Offering you a quick settlement before you retain the services of an attorney
  • Shifting the blame for the accident to you
  • Being dishonest about the available insurance coverage
  • Disputing a portion of your medical expenses
  • Delaying your claim in hopes that you will give up or be happy with any settlement they offer
  • Telling you that you’re better off not hiring an attorney or that you don’t need one because they will take good care of you

When you file an insurance claim, you should feel assured that the insurer will fully cover your losses. If you don’t feel that way, or you aren’t sure you are receiving a fair settlement offer, reach out to a well-versed insurance claim lawyer for more information.

Settling your claim or case depends on several different factors and legal issues. Generally, it can take a simple case a few weeks to a few months to settle. If your case is more complex, it could take a year or more. No matter how long a case may take, our skilled attorneys work hard on behalf of our injured clients to secure the best possible outcome on their behalf. Our familiarity with the law, the local Georgia courts, and insurance company tactics allow us to seek fair compensation for injured victims in the quickest, most effective way possible.

Timing can be everything in an insurance claim. Keep in mind that pushing to settle a case too quickly isn’t as likely to bring the best possible results for your recovery. We’ll be by your side every step of the way to ensure that your case moves through the process effectively and appropriately. We work hard to clarify the details of your case and its complexities and proceed accordingly. For various reasons, some cases take longer than others to settle.





Not till you talk to us.

It’s normal to want to resolve your claim as soon as possible and move on with your life. However, a quick resolution rarely equals fair compensation for injured individuals. As such, you should proceed with caution after receiving a settlement offer from an insurance company. Even if it seems like a fair settlement, it might not be. Without experience in Duluth insurance claims, you’re unlikely to know if an offer really represents the value of your damages. If you accept, even verbally over the phone, you will lose your rights to seek higher compensation.

Before accepting any settlement offers, have an attorney review your claim. They can tell you whether the offer is fair or not and what your best next steps should be. If you accept an offer that you later regret, there’s nothing you can do about it. You can rescind your acceptance or go back and ask for more money.

Although there’s not one specific definition of bad faith, it’s generally when the insurance company is being unfair or unreasonable to its policyholders. An insurance company could be acting in bad faith if it doesn’t deliver the coverage contracted in your policy.

An insurance company might be acting in bad faith if it:

  • Denies coverage without a reasonable basis for doing so
  • Uses deceptive business practices
  • Avoid paying a valid claim by misrepresenting coverage
  • Delays a payment without a reasonable basis
  • Uses an undisputed percentage of a claim as a condition for paying the disputed portion
  • Provides lower compensation than necessary without a reasonable basis
  • Requires documentation that’s burdensome or causes unnecessary delays in processing a claim
  • Unfairly charges higher premiums after the insured files a claim
  • Fails to communicate with the insured promptly
  • Fails to conduct a thorough, reasonable, and timely investigation into a claim
  • Fails to reach a resolution (accepting or denying a claim) within a reasonable amount of time
  • Wrongfully fails to renew or cancels a policy

Insurance policies include a provision that the insurance carrier has a duty to defend you against certain kinds of legal action. Suppose someone files a lawsuit against you for an action that falls within the scope of your insurance coverage. In that case, your insurance carrier must provide legal counsel to defend you.

For instance, maybe you were at fault in a car crash. The other driver’s insurer makes a claim against your insurance company for the driver’s property damage and medical treatment. Your insurance company doesn’t want to settle because it’s contesting their requested amount of compensation. Both insurance companies attempt negotiations but still don’t agree, so the other driver files a lawsuit against you.

In this scenario, your insurance company must provide your legal defense. Your policy covers this, and you’ve been paying for it. If the insurance company won’t defend you, it might be acting in bad faith.

It’s essential to note that there are some actions that your policy won’t cover. In some states and circumstances, your insurer doesn’t have to protect you if you deliberately positioned yourself to cause a crash. For example, if you were behind the wheel while under the influence (DUI) of alcohol or drugs.

Before filing a claim for bad faith against your insurer, you must prove that you’ve done everything you can to work your issues out with the insurance company before turning to litigation. It’s crucial to retain records of any phone conversations, emails, and other correspondence. There demonstrate that you made a good faith effort to resolve your issues with the insurance company.

Before filing a bad faith claim:

  • Take the time to review your insurance policy, which is actually a contract between you and your insurance company. By doing this, you can find out if the contract covers what you want. Be sure to read the fine print. Sometimes there are exemptions or exceptions that you weren’t previously aware of. If you don’t have a copy of your insurance policy, the insurance carrier can provide you with one. You might even find a digital copy in your account that you can access online. Your lawyer can do all of this for you.
  • Keep a paper trail. Log of all of your communications with the insurance company after filing a claim. Starting from your initial contact with the insurer to report your loss, take notes about whom you spoke with, the date, and the subject and specifics of the discussion. Maintain a file of any documents you sent to the insurance company, such as photos, receipts, estimates, or other evidence, as well as any documents they sent you.
  • File an appeal. If you received a claim denial notice, you have the right to ask that a supervisor assess it. Insurance adjusters follow strict rules and procedures to make a settlement offer or denial. Having your claim reviewed by someone higher up can make a difference.
  • Hire a Duluth insurance claims attorney. Attorneys are well-versed in what is insurance bad faith and what isn’t. Sometimes, you don’t need to file a bad-faith lawsuit if you get your lawyer involved.

Hiring the right Duluth insurance claims lawyer is possibly the most important step toward receiving the full settlement you deserve for sustained injuries, damage, and losses. Contact Brauns Law Accident Injury Lawyers, PC today.