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AUTOMOBILE
INSURANCE, ACCIDENTS & INJURIES:
YOUR RIGHTS AND OBLIGATIONS
MOST
of us own or at least drive a car, and therefore we must
know basic information about automobile insurance.
Unfortunately, statistics show that a majority of us
will be involved in at least one automobile accident
during our lifetime, either as a passenger or driver.
While most accident victims know they have legal rights,
they usually don't know what those rights are. This
article briefly highlights issues concerning automobile
insurance, as well as basic rights available to injury
victims in automobile accidents.
QUESTION:
What is automobile liability insurance and why do I need
it?
ANSWER:
Generally, the purpose of insurance is to ensure that
monetary compensation is available to injured persons,
and to protect you, the insured, against the claims of
injured persons. In Georgia, as in most states, owners
of automobiles are required by law to buy and maintain
"liability insurance," which protects others
from injuries and property damage caused by your
automobile. Those protected or "covered" under
such insurance include passengers in your car, and
drivers and passengers in other cars.
In
Georgia, you must carry liability insurance minimum
limits of $25,000 per person, $50,000 per accident,
and $10,000 property damage. This means that a covered
person injured in an accident involving your automobile
may collect a maximum of $25,000 for his injuries, while
$50,000 is the maximum amount available to all
persons covered in the same accident. Under the minimum
limits, recovery for property damage to another person's
automobile or other property is covered up to $10,000
per accident. Of course, higher amounts of liability
insurance may, and most often should be purchased to
adequately protect both the insured car owner and the
public.
QUESTION:
Does insurance also cover my injuries and automobile
damage?
ANSWER:
Liability coverage, discussed above, does not cover
your injuries or damage to your car. However, you can
purchase additional "medical payments"
insurance, which covers your medical bills and your
passengers' medical bills in the event of an accident.
This typically comes in amounts ranging from $1,000 to
$10,000 per person. Generally, you should get the
highest amount of coverage you can afford.
Also,
two types of coverage are available for your own
automobile: "collision" and
"comprehensive" insurance. Collision insurance
pays for damage to your car in the event of an accident,
while comprehensive coverage pays for most
damages to your car not caused by accident. Some
examples of comprehensive claims are damages caused by
theft or vandalism, fire, hail or mechanical failure.
Generally, you should buy enough of both these types of
property insurance to cover the full value of your
automobile.
Finally,
you can purchase "uninsured motorist" or
"UM" insurance. UM insurance generally covers
you and your relatives while driving or riding in an
automobile, as well as passengers in cars driven by you
or your relatives in the event of an accident caused by
a driver without insurance. UM coverage may also apply
where the other driver is "underinsured"
(generally, where the other party's insurance is less
than the amount of UM coverage). Without UM coverage,
you and others could be left with no insurance for
injuries caused by the negligence of others.
You
should ask your insurance agent which of these
additional coverages and what limits of coverage best
fit your needs. Also, be sure to question your agent
carefully about exclusions (things that are not covered)
for each of the types of coverage that you purchase.
QUESTION:
What can I do after an injury to protect my legal
rights?
ANSWER:
Here are some basic do's and don'ts to follow:
| DO: |
1.
If injured, seek all necessary treatment immediately.
2. Write down all facts about the accident, and,
if possible, photograph the accident site, the
automobiles, and your injuries. 3. Consult
directly with an attorney as soon as possible. |
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| DO
NOT: |
Talk
or give a written or recorded statement to anyone
about the injury other than: (i) someone giving
you medical treatment; (ii) a police officer
reporting the accident; or (iii) your attorney. |
QUESTION:
Should I see a lawyer regarding my injury?
ANSWER:
You always have the right to see a lawyer to
assist you with your legal rights regarding an accident
or injury. Only a qualified and licensed attorney
can provide you legal advice, negotiate a settlement or
actually file and represent you in an insurance claim or
lawsuit. Before signing an agreement or paying money to
someone offering to "handle" your case, you
should make sure that person is both licensed to
practice law and is a member of the state bar. Ask for
the person's license and bar number, which you should
write down and keep. If you are not sure of a person's
qualifications, call the bar in your state to verify bar
membership and standing (in "good standing,"
"inactive," etc.). The State Bar of Georgia
may be reached at (404) 527-8700. Or, you can log on to
the Bar's wesite at http://www.gabar.org/
for information on Georgia attorneys, hiring a lawyer,
fees, etc.
In
Georgia and many other states, it is illegal for a
paralegal or other non-lawyer to practice law or accept
fees from clients for taking a case. If you discover
that a paralegal, "officer manager" or legal
assistant did not hire an attorney for you, or does not
let you talk to the attorney handling your case, you
should seek out a new attorney.
QUESTION:
Can I recover money for my injury?
ANSWER:
This question most often asked by injury victims is
"Do I have a good case?" Numerous factors
determine whether you have a legal cause of action, and
they vary greatly with the facts of each particular
accident or injury. Generally, some of the keys in
analyzing the legal merits of any automobile or other
injury case are: (i) whether you can prove that another
person was at fault for your injury; (ii) whether the
other person's actions were the legal, or
"proximate," cause of your injury; (iii)
whether you had been injured before the accident; (iv)
the severity of your injury; and (v) whether the person
responsible for your injury has insurance to pay for
your damages. You should contact an attorney as soon as
possible after your injury for an evaluation of your
case.
QUESTION:
What should it cost to hire an attorney?
ANSWER:
Most attorneys accept automobile accident cases on a
"contingency fee" basis. This means that you
do not pay any fees for the attorney's services unless
you receive a settlement or award in your case. A
typical contingency fee in automobile accident cases
(which should always be agreed to in writing)
will be between one-third (33-1/3%) and forty percent
(40%) of the total amount you recover, depending upon
the attorney you hire and the individual circumstances
of each case.
Regardless
of the contingency fee agreement, you are generally
responsible for the costs of your case, if any. These
can include court costs, filing fees, deposition and
discovery expenses and medical report fees. In most
cases, a settlement can be reached with the insurance
company at minimal, if any, cost to the client. In no
event should you pay money, regardless of whether
called a "fee," "cost advance" or
something else, to any person other than a
licensed attorney to represent you in your case.
Additionally,
you will be directly responsible for all healthcare
treatment you receive for your injuries. However,
treatment providers will frequently agree to wait until
after the conclusion of your case to be paid for their
services. Also, health insurance or Medicaid may pay a
part of your medical expenses, in which case you may be
required to reimburse them at the conclusion of your
case.*
© 2007
JAY D. BROWNSTEIN
BROWNSTEIN NGUYEN & LITTLE LLP
2010 Montreal Road
Tucker, GA 30084
(770) 458-9060
All
rights reserved.
*Brownstein
Nguyen & Little LLP represents clients in many types of
personal injury cases, including catastrophic injury,
wrongful death, automobile accidents, severe work
accidents, products liability and medical malpractice.
This article contains general advice which may or may
not apply to your particular situation. For specific
legal advice concerning your case, consult a qualified
personal injury attorney.
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