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Car Accident Insurance Claims

Atlanta Lawyers Asserting the Rights of Victims Throughout Georgia

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 a car accident insurance claim lawyer with a good reputation when trying to recover damages for your injuries. If you are concerned about a car accident claim, you should consult the Atlanta car accident lawyers at Van Sant Law.

Car Accident Insurance Claims

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.

After a Car Accident

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.

Comparative Negligence 

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.


Who Will Compensate Me for My Car Accident Injuries?

Generally, the driver who was responsible for the accident (or their auto insurance provider, if applicable) is responsible for paying for injuries you and your passengers sustained in the accident. Your auto claims attorney will help you identify all responsible parties, as well as the types of economic and other damages you may be entitled to receive.

The amount of compensation you may receive will depend on the facts and circumstances of the accident. In general, the responsible parties should pay for your medical expenses related to the accident, lost wages, loss of future earning capacity, pain and suffering, and expenses associated with damage to your vehicle. You may also be entitled to compensation for loss of companionship, wrongful death, and even punitive damages designed to punish reckless drivers.

The Driver Who Hit Me Was Uninsured. What Happens Now?

Unfortunately, sometimes drivers responsible for injury accidents do not have any car insurance or have coverage that is inadequate to pay the compensation victims are entitled to receive. If the driver who hit you was uninsured or underinsured, your own auto insurance policy may provide coverage to protect you.

An experienced attorney for auto insurance claims can help you evaluate available coverages and provide options and guidance to help you obtain compensation for your injuries and personal property losses.  

Will My Auto Insurance Policy Cover My Injuries?

Your car claim lawyer will work closely with you to help you identify who should be responsible for compensating you for your medical expenses and other losses. If the amount of your damages exceeds the responsible party’s insurance limits, you may also have a valid claim for coverage from your own insurance carrier.

Why Should I Work With an Accident Insurance Attorney?

After a car accident, you do not need to hire a vehicle insurance lawyer. However, choosing to retain an experienced attorney can help you through what can be a difficult and stressful claims process. In addition, a knowledgeable accident lawyer will understand what your claim is worth  and fight for your right to receive the full amount of compensation to which you are entitled. Opting to resolve your claim on your own, directly with the other driver’s insurance company, may mean you are short-changing yourself and unknowingly accepting a settlement that does not fully compensate you for your losses.

Consult an Atlanta Attorney

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.

Client Reviews
From the first time I called them to the current status of my case, has been by my side through it all. I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher! Hilary
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. David and his crew worked so hard to come to a great conclusion on my case. Thank you David, Michael and everyone in the office. Mary
Attorney David M. VanSant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney VanSant and his team of professionals dedication and quality of service, my life is back on track. Let the VanSant team handle your case! You're in good hands. Crystal