Articles Posted in Auto Accidents

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It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a deadline for the other to accept the terms of the settlement.

DeMarco v. State Farm Mutual Automobile Insurance Company

The Georgia Court of Appeals recently examined an unusual case involving the widow of a deceased accident victim who attempted to enforce a settlement agreement three years after the fact. The accident itself occurred 11 years ago, in July of 2007. The victim’s car was knocked by one vehicle into a third vehicle. The victim subsequently sued the owner and driver of the third vehicle for damages.

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Uninsured motorist (UM) coverage provides you with important financial protections in the event of an accident with a driver who lacks sufficient insurance to fully compensate you for your injuries. What about a situation in which you are driving someone else’s car? Can you claim UM benefits under their policy?

Jones v. Federated Mutual Insurance Company

The Georgia Court of Appeals recently addressed this issue in the context of a somewhat unusual case. The plaintiffs were test-driving a car owned by a dealership. At the time, neither plaintiff had his or her own auto insurance.

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Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it is the defense’s unnecessary delays that cause the settlement talks to fail in the first place.

Stephens v. Castano-Castano

Consider this recent decision from the Georgia Court of Appeals. This case began when a defendant failed to respond in time to a settlement offer. Although the plaintiff proceeded to trial and won a substantial jury verdict, the Court of Appeals ordered a new trial based on an erroneous ruling by the trial judge.

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As a general rule in Georgia, your auto insurance policy’s liability coverage follows you rather than your vehicle. In other words, if you borrow a friend’s car and get into an accident that injures the other driver, your liability policy will pay for the damages. Of course, this presumes the vehicle you are driving is “covered” by the policy and not subject to any exclusions.

Progressive Mountain Insurance Company v. McCallister

One common exclusion is for vehicles operated as part of an “auto business.” What does this mean? A recent decision by a federal judge Waycross, Georgia, offers a helpful illustration. This case involves a rather complex accident that took place in 2016, which in turn led to litigation between a driver and his insurance company.

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Your parents probably told you, “Watch where you’re going!” more than a few times when you were kid. This is not just good advice. It is also an important reminder that you are expected to be aware of your surroundings at all times. From a legal standpoint, your awareness or lack thereof may be a critical issue in a personal injury case, particularly when you have alleged negligence on the part of a property owner.

Cherokee Main Street, LLC v. Ragan

Consider this recent decision by the Georgia Court of Appeals. This is a car accident case that originated in Cherokee County a little over four years ago. On the day in question, the plaintiff was shopping at a department store in a local shopping center. After leaving the store, she walked down a sidewalk past another store–one of the defendants in this case. The sidewalk had a ramp leading into the parking lot. But there was no formal crosswalk markings.

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Many Georgia residents take out umbrella policies to provide liability coverage above  and beyond their standard auto insurance. Umbrella policies are especially beneficial to victims who sustain financial losses in excess of the normal car insurance policy. For example, if your injuries following a car accident cost you $500,000 in lost wages and medical expenses, and the other driver’s policy only has a $250,000 limit, an umbrella policy can make up that difference.

Government Employees Insurance Company v. Gordon

Of course, that assumes that the company that issued the umbrella policy does not attempt to disclaim coverage. As we know all too well, insurers will never hesitate to try and avoid paying when they can. Here is a recent federal case involving the application of Georgia law in which a court addressed an insurance company’s attempt to avoid its obligations.

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Ridesharing has become a popular way for many residents of the Atlanta metropolitan area to earn additional income via smartphone apps like Uber and Lyft. Before you sign up to offer rides for money, you should check with your car insurance company. Many standard insurance policies exclude coverage for “public or livery conveyance.” In fact, your existing policy may be canceled if you start offering rides for money without notifying your carrier. If you are in an accident while driving for Uber or Lyft, you may be on the hook for any damages.

Haulers Insurance Co. v. Davenport

What if you are just giving a friend a ride for no payment? Could your insurer declare that you were actually providing a livery service and refuse to cover your accident? According to a recent decision by the Georgia Court of Appeals, the answer is probably no.

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One of the recurring questions that arise in personal injury cases is determining who is covered by an auto insurance policy. Since most claims are paid via some form of insurance, whether it is that of the negligent driver or the victim’s own uninsured motorist coverage, it is critical to ascertain from the outset who is and is not covered. Rest assured, the insurance company will make every effort to deny coverage if it has a plausible legal reason to do so.

Stanley v. Government Employees Insurance Company

The Georgia Court of Appeals recently addressed an interesting variant of our recurring question: Does an uninsured motorist (UM) policy cover the fianceé (or common law spouse) of a named insured? The plaintiff in this personal injury case was driving a vehicle owned by his employer when he was the victim of a head-on collision with another driver. The plaintiff sustained serious injuries and sued the other driver for negligence.

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Dealing with an insurance company following a car accident can be a major hassle. As a result, some accident victims simply put it off. This is almost always a mistake. It is not simply a good idea to notify your insurer of your accident in a timely manner. In many cases, you can be denied coverage when you later file a claim.

Sharpe v. Great Midwest Insurance Company

Here is a recent Georgia Court of Appeals decision that illustrates how unforgiving judges can be when it comes to enforcing notification requirements. This case arises from a 2013 truck accident in Statesboro. The plaintiff was driving a vehicle owned by his employer when he was rear-ended by another vehicle. As a result of the accident, the plaintiff sustained a serious neck injury.

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High-speed police chases make for exciting footage on local newscasts. They also pose a very real danger to the general public. When law enforcement officials make the decision to initiate or continue a chase, they must be mindful of other motorists on the road. If police recklessness leads to the injury or death of an innocent party, the government may be held accountable in court.

Wingler v. White

This is not to say that every personal injury claim arising from a police chase will be upheld in court. To the contrary, Georgia law sets strict limits on which such lawsuits may be heard. In order to get around the “sovereign immunity” of the state and its municipalities, Georgia courts have said that a victim must prove that his or her losses arose from the “negligent use” of a police vehicle where the officers “acted with reckless disregard for proper law enforcement procedures in pursuing a fleeing suspect.”

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