Tractor-Trailer and Car Wreck Litigation in Georgia

1.      Georgia Law Only Permits a Negligence Claim to be Brought against the Driver  or Drivers at fault.

Car wreck cases in Georgia are based on the tort of negligence. If a crash is 50% or more your fault, then you cannot bring a negligence claim in Georgia. If the crash is less than 50% your fault, and the remaining fault is attributable to one of more drivers, then you can recover your medical bills and your pain and suffering. See O.C.G.A. 51-11-7.

In short, you can only recover for medical bills and pain and suffering for a negligence claim if you are less than 50% at fault.

2.      We Primarily Bring Claims Against the At-Fault Driver’s Insurance Company.

We sent the Letter of Representation to the other driver’s insurance company, which is State Farm, not your insurer. We believe that the wreck was not your fault (even though a ticket wasn’t issued, our preliminary analysis leads us to believe that the other driver was at fault). 

3.      Once the As-Fault Driver’s Insurance Company Fully Pays the Policy Limits, then We Will Pursue Your Insurance Carrier for any Remaining Damages.

After successfully bringing a claim against the at-fault driver’s insurance company, if that insurance policy does not pay for all medical bills and pain and suffering, then we seek to recover any additional damages from your insurance company.

For example, if your medical bills are $150,000, we would suggest claiming an additional $450,000 in pain and suffering. (Pain and suffering in Georgia is usually 2 or 3 times the amount of the medical bills, though there are exceptions to that rule.) The total claim wold then be $600,000.

If the other driver only had a $500,000 policy, then there would be a deficit of $100,000. 

Your car insurance policy will have uninsured/underinsured motorist coverage. We will see that additional $100,000 owed to you from your uninsured/underinsured motorist coverage

4.      First Step in Bringing a Negligence Claim.

Once you contact our office, we will send a Letter of Representation pursuant to O.C.G.A. 33-3-28. The insurance company will then have 60 days by law to respond with a copy of the insurance policy. It usually takes close to 60 days to get the insurance information. (Many insurance companies delay and put up hurdles in hopes people won’t pursue claims.)

5.       General Timeline of Events in a Negligence/Personal Injury Lawsuit.

Usually, a personal injury/negligence lawsuit goes something like this.  

• Date of Wreck

• Send Letter of Representation and obtain information on all available insurance.

• Our client completes all medical care, which can take anywhere from 60 days to 1 year or more in certain bad cases.

• When we’re 100% sure all treatment is done, we draft a demand letter for your approval. ((We would be happy to send a demand letter earlier, but we get the best results when all medical care is completed. Oftentimes, injuries will get aggravated, etc. Also, once we make a demand to an insurance company, insurance companies will be reticent to consider a higher demand.)

• - A demand letter will have all the medical bills attached. We have to get certified copies of medical records, which usually takes about a month.

• The insurance company then has a certain amount of time to respond, and they usually move things slowly.

• When it becomes apparent that the insurance company will not offer you what you are owed, we will file suit. In Georgia, we have 2 years from the date of the wreck to file suit. (We calendared this date the first time we speak with you. We won’t be anywhere close to filing suit near that date, but just in case you move or get busy, we want to have that date on our calendars.)

Next Steps

              As soon as you are injured in a automobile wreck, please call our office. We will make time to speak with you as soon as possible.

Our experienced team will make sure you get the medical care you deserve and the compensation you are owed.