Top Ten Auto
Accident Questions
Do I have a case?
What is my case worth?
How much do you charge?
Who pays for case
expenses?
What if there
isn't enough insurance?
Doesn't the insurance company have to pay my medical
bills?
Am I entitled to a
rental car?
Doesn't the insurance company have to pay off my car?
Can I get
'diminished value' for my vehicle?
How long does a
case usually take?
Do I have
a case?
Whether or not you "have a case" depends on liability, damages
and causation. In order to collect money from the other party
or her/his insurance company, you have to be able to prove the
following:
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What is
my case worth?
There are no "formulas" in the law stating an exact amount
which you are entitled to or an exact amount that an insurance
company must pay. Individual case value depends on
several factors:
-
the degree of difficulty in proving who was at fault;
-
the seriousness of your injury;
-
the permanency of your injury;
-
the amount of your medical bills;
-
the extent of damage to both vehicles;
-
your pre-existing injuries, if any;
-
your prior accidents, if any;
-
policy limits; and
-
other factors unique to your case.
If a case makes it as far as a
jury trial, the insurance company is required to pay whatever
verdict a jury renders, up to the limits of the policy. Short
of actually presenting your case to a jury and getting a
verdict, settlements are based purely on negotiations which,
in turn, are based on what each side believes a jury would do,
if a case went that far.
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How
much do you charge?
The bottom line is, if we don't get you a cash award either
through settlement or through a verdict, you don't owe
anything! Period! If we do collect money for you, you will pay
us one-third (33.33%) of your settlement as attorney fees, at
settlement time and not before. It's simple...if there is no
settlement or verdict, there are no fees. And, you never pay
us up-front...only at settlement time. Click here to go to
the Georgia Trial Lawyers site for more information on
"contingent fees". {Such
contingent fees are not allowed in all types of cases, but
they are allowed in all auto accident cases. Expenses are
separate from attorney fees and are discussed in the following
question.}
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Who pays
for expenses?
Expenses are separate from attorney fees and usually must be
paid by the client. This money does not go to the attorney.
Expenses are charges which are paid to other entities such as
court filing fees which are paid to the court clerk and
deposition fees which are paid to the court reporter. In some
cases, we advance the expenses as the case goes along and the
client simply reimburses us from her/his 2/3rds share at
settlement time. In other cases, the client is asked to pay
the expenses as the case goes along. If a case is settled
without the necessity of filing a lawsuit, expenses are very
minimal.
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What if there isn't enough insurance?
People often ask if they can "go after" the at-fault
individual personally, if there is not enough insurance.
Technically, you already are "going after" the at-fault party,
personally, when you file a claim with that person's insurance
company. Their insurance company is simply negotiating on
behalf of the at-fault party and any settlement paid is paid
on behalf of the at-fault party. When you settle with their
insurance company, you have settled with the at-fault person.
You cannot accept a settlement from an insurance company and
then proceed against the at-fault person.
If a settlement is not reached, the lawsuit has to be filed
against the at-fault party, not against his/her insurance
company. Only in rare circumstances can you file a lawsuit
directly against someone else's insurance company. However,
even though the suit is technically against the at-fault
party, his/her insurance company hires the lawyers and as a
practical matter, you are really proceeding against the
insurance company's money. If a jury returns a verdict which
is higher than policy limits, the insurance company only has
to pay its limits. In that case, you can then proceed directly
against the at-fault party to collect the excess portion of
the verdict. However, this would be a collection matter and
not a new suit stemming from the auto accident.
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Does the insurance company have to pay
for my medical expenses?
If you have med-pay coverage on your own vehicle or on the
vehicle you were in, that company will have to pay all
reasonable and necessary bills, up to the limits of the
policy. The issue becomes more complicated when talking about
the at-fault party's policy. The law does not require the
other person's company to pay for your medical expenses, even
if the accident was the other person's fault! The law simply
requires an insurance company to pay whatever verdict (up to
policy limits) a jury renders. Short of actually going to
court and presenting your case to a jury, any payments from
the other person's company are voluntary, based on
negotiations, which are based on what each side believes a
jury would do, if the case went that far. If an insurance
company does not believe that a jury would make them pay all
of your medical bills, then the insurance company will not pay
all of your bills in a settlement. If an insurance company's
offer is less than the total medical bills, we immediately
stop all negotiations and go to court.
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Am I entitled to a rental car?
Maybe. The insurance company should pay "loss of use" while
your vehicle is being repaired, although the law does not
specify a rate. Many
companies will pay loss of use only on a reimbursement basis,
after you have already incurred the charges. Georgia law does
not require loss of use
compensation when your vehicle has been declared a total loss;
however, many companies will voluntarily pay for a set number
of days or until they make an offer on your vehicle.
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Does the insurance company have to "pay
off" my car loan?
Unfortunately, no. When a vehicle is declared a "total loss"
by the insurance company, they are only required to pay you
the value of your vehicle,
without regard to how much you owe. This can be a financial
disaster if you owe substantially above the value of your car.
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Can I get 'diminished value' for my
vehicle?
We always insist on the insurance company paying our clients
for "diminished value" where there is substantial damage to a
high-dollar vehicle. Unfortunately, there are no set formulas
and outcomes in such cases vary widely. In Georgia, if your
own company has repaired your vehicle, they are obligated to
pay diminished value under the authority of a recent Georgia
Supreme Court case, State Farm v. Mabry. The issue is
different when it involves your own company, as opposed to the
at-fault party's company, because you actually have a contract
(policy) with your company for them to return your vehicle to
its pre-wreck value as opposed to its pre-wreck look.
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How long does a case usually take?
If your case can be resolved by settlement, we can usually
finalize it within a few weeks after your doctor has released
you. However, if litigation
becomes necessary, it could take several months or even years.
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