Car Accident Insurance Claims

After a car accident, you may have serious injuries. You may find yourself struggling to pay your medical bills and take time off from work so that your injuries can heal. There are multiple methods by which you can seek compensation. Often, insurance companies are involved in car accident claims. It is important to be aware that insurance companies are businesses. They may put profits ahead of the well-being of people. Accordingly, it is important to seek legal representation from an attorney with a good reputation when trying to recover damages for your injuries. If you are concerned about a car accident insurance claim, you should consult the Atlanta car accident lawyers at Van Sant Law.

If you were hurt in a car accident, you can seek compensation in several different ways. You may be able to file a claim with your own insurer. Your insurance company will then seek compensation from the at-fault driver's insurance company. Alternatively, you can make a claim against the other driver's insurer directly. You may also be able to recover damages by filing a personal injury lawsuit against the at-fault party in court. An at-fault driver may be held responsible for any injuries or property damage arising out of a car accident that they caused. If you choose to go to court, you will need to establish the defendant’s liability.

When an accident results in injuries or death, or involves property damage that is greater than $500, you must report it to the nearest law enforcement agency. If the police respond to an accident, an officer will complete an accident report. You should be aware that the accident report, and any citations or descriptions of fault by an officer, may be important to your insurance claim.

To support your car accident insurance claim, you will need to show that the other driver was at fault. Usually, this means showing negligence. You need to prove that the other driver owed you a duty to use reasonable care but did not live up to that duty, and as a result, you sustained injuries and damages. After a complex accident, it can be important to get an accident reconstruction expert out to the site to look at debris, property damage, and other evidence left on-site, such as skid marks.

There may be multiple people at fault for a car accident. In that case, each person's insurer may be trying to avoid blame and searching for a way to pin the blame on one of the other parties. In Georgia, liability is purely several. In other words, you can hold each person or entity responsible only for their proportionate share of the damages.

When you file an insurance claim, the insurer may examine the situation to find some way to blame you for the accident. Georgia courts follow a modified comparative negligence rule. Your damages can be reduced by an amount proportionate to your fault. You will be barred from recovering damages at all if you were 50% or more responsible for your injuries. For example, if you were weaving through traffic trying to get to an appointment, and a distracted driver failed to hit the brakes quickly enough and smashed into your car, the distracted driver’s insurer may try to show that your weaving played a significant role in causing your injuries.

If we establish liability, you may be able to recover compensatory damages paid through an at-fault driver’s insurer. These damages may include medical bills, surgery bills, rehabilitation costs, out-of-pocket expenses, pain and suffering, loss of enjoyment of life, and loss of consortium. In most cases, an insurance company must pay the damages on behalf of its insured. This issue can become complicated, however, if an at-fault driver is uninsured or underinsured.

If you are concerned about a car accident insurance claim, you should talk to the seasoned personal injury lawyers at Van Sant Law. We represent clients throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. We can sign you up electronically without face-to-face interaction when needed, but we can also visit you in your home. Call us at 855-GA-INJURY or complete our online form.