Can I sue after a car accident in Marietta Georgia when insurance does not cover damages?
Time to file.
In accordance with Georgia law, the accident and damages should be addressed within the two-year statute of limitations period for personal injury claims, and four years for property damage claims. Automobile accident injuries are generally a result of negligence by one driver, either driver if it is a multi-vehicle accident or extraneous conditions that cause the driver to react in a manner that causes an accident.
Comparative fault.
Georgia is a Comparative Fault State which enables plaintiffs to seek damages even if they played some part in the accident and are partially to blame. It is a tort law that allows plaintiffs to sue for the percentage of damages caused by the defendant. Legal action can be brought against the vehicle operators if the elements of negligence are present including: defendant owed the duty of care; had a breach in the duty of care; and the breach caused the injuries or loss to the plaintiff.
Damages.
Compensatory and punitive damages may be sought after if litigation ensues, and may directly correlate to insurance settlements and coverage shortages. Compensatory damages address economic losses through loss of wages, medical bills and replacement of property damage; as well as non-economic losses including pain and suffering. Punitive damages are meant to punish the person being sued and may result from situations where there was gross negligence involved causing the accident.
Seeking professional counsel to navigate through the legal action process regarding auto accidents where damages need to be remedied is recommended for a positive outcome with insurance and legal settlements, and is necessary in wrongful death actions resulting from an automobile accident.
Causes.
Car accidents may occur due to:
- Driving under the influence of drugs or alcohol;
- Distracted driving through talking on the phone or texting while driving;
- Limitations to driver visibility, including bad weather conditions;
- Aggressive driving techniques, speeding or dangerous maneuvering of car;
- Sudden acceleration or braking;
- Poor car or roadway maintenance.
Insurance coverage required.
Automobile liability insurance is a legal requirement to drive in Georgia so that insurance can pay for damages if you are at fault for the accident. The policy must cover bodily injury of at least $25,000 per person and $50,000 per occurrence as well as property damage liability of at least $25,000 per occurrence.
Post-accident actions.
If you are in an accident in Marietta Georgia, you should:
- Check on the condition of the people involved in the car accident;
- Call the police or emergency responders if needed;
- Get a written accident report;
- Remain at the accident scene;
- Exchange driver and insurance information;
- Get witness contact information;
- Call your insurance company to set up a claim;
- Seek out medical treatment if necessary;
- Take pictures of the scene, and the vehicle damages;
- Call an accident attorney to determine “fault” and actions toward a proceeding to address damages and injuries sustained.
Hire an attorney.
Legal counsel can make sense of the accident reports, witness statements and other information relayed regarding the accident so that a determination of fault can be made and assigned to the “at fault” party as it will affect the way insurance and legal damages are paid. If you are involved in a car accident in Marietta Georgia, contact the professional experienced team at the Imbriale Injury Law Office who will guide you through the insurance settlement and litigation process.
Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 212-1395
Fax Number: 678 445 7431
Sources:
https://georgia.gov/popular-topic/insurance
https://law.justia.com/codes/georgia/2010/title-9/chapter-3/e/9-3-33
