Legal Question in Insurance Law in Georgia

Auto Accident - Ins. Refusing to pay

I was injured in an auto accident in May '02. The other driver received a citation for failure to yield right of way while turning left. I am receiving on-going treatment due to the accident for a rotated disk in my lower back. My infant daughter had minor injuries. The at-fault insurance company has been VERY difficult to deal with; i.e. no adjuster looking @ my damaged vehicle for 2 weeks, phone calls repeatedly not returned, refusing to pay for rental of vehicle almost identical to mine, adjuster making statements that seem to be urging me to be ''honest'' about my injury and not seek continued treatment, etc. I spoke with the Department of Insurance regarding their refusal to pay for my rental. They recommended I pay the rental fee then sue the person who hit me in small claims court to recoup the payment. Due to the actions of this ins. company, I feel I will not be reimbursed fully unless I file suit. I would appreciate any insight or advice regarding my next step in resolving this matter. Thanks


Asked on 6/24/02, 12:23 am

4 Answers from Attorneys
Philip Brown O'Neal, Brown & Clark, P.C.

Re: Auto Accident - Ins. Refusing to pay

I am sorry that you are being put through this nightmare, but it is unfortunately all too common. While it is rare that a lawsuit must ultimately be filed in these matters, it sounds like you do need some help. If you would like to call me to discuss your situation, I will be happy to spend some time on the phone with you and to meet with you if you would like. I can be reached locally in Macon at 742-8981 or toll free at 866/285-9923. Phil Brown

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Answered on 6/24/02, 8:44 am
Michael Azzariti Azzariti Law Firm, P.C.

Re: Auto Accident - Ins. Refusing to pay

Thank you for your inquiry. While filing a lawsuit may ultimately be necessary, many claims are settled prior to filing a suit. Whether you will be able to settle for a fair amount depends on a number of different variables.

If you would like to discuss this matter further, please call me at 770-640-6558.

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Answered on 6/24/02, 9:26 am
Lori Jolly COMMANDER + POUND, LLP

Re: Auto Accident - Ins. Refusing to pay

Unfortunately, your experience with the insurance adjuster/company is very common. I would suggest that you contact an attorney to meet with you to discuss your claims and circumstances of your collision. Generally, most law firms will meet with you initially at no costs to review the case. After reviewing the process with an attorney, you can then decide whether to proceed on your own or whether you should hire counsel. When we meet with a potential client we tell the client when it is not financially feasible or smart for them to hire our firm. They only way you will know if you really need an attorney is to review the claim with an attorney.

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Answered on 6/25/02, 3:20 pm
Robert Windholz Robert S. Windholz, Attorney At Law

Re: Auto Accident - Ins. Refusing to pay

You present an interesting scenario. Some of the low end insurance carriers tend to treat people like you're being treated. Suit may be inevitable if they continue this type of approach. Who are you treating with for your medical problems? How severe is the injury?

The rental reimbursement is not your most important issue, although it is annoying and angers you. The money involved in the rental will likely be slight compared to your injury claim. We would be delighted to speak with you about your case on the phone to see if any additional assistance can be offered.

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Answered on 6/24/02, 11:49 am


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