Legal Question in Insurance Law in Georgia

I was involved in an MVA in August of 2008. The impact injured my lower back and hips. I was a student at the time and was able to get care from the University health facility for fair prices. However, I graduated from college and had no health insurance or time to seek treatment, as I needed to find a fulltime benefits-paying job before I would be able to have either. This took me about four months from graduation, which was about 7 months since my treatment in college. I kept in touch with my claims adjuster and told him that all this was going on- that I would continue physical therapy as soon as I could afford it. I did exactly that, and am now ready to settle my claim. The problem now is, the insurance company says they will only cover "necessary and customary" charges- and since I had such a long lapse in treatment, they say that during that time I could have gotten another injury that was not caused by the accident, and that's not their fault. They offered me a settlement that does not even come close to covering all my bills, not to mention pain and suffering, time, lost wages, etc. Is there anything I can do to get all my bills covered? Is the insurance adjuster allowed to give me more than he's offering? What laws govern this area? How can I find out what rules apply here in order to see how they are evaluating my claim, versus what should be done? Any advice I can get would be great!


Asked on 3/29/10, 12:22 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have learned why one never should try to be their own lawyer and how damaging it is to your case to talk to the insurance adjuster, who is paid to attempt to pay you as little as possible. You may have already done irreparable damage to your case, but at this point stop talking with the adjuster, get counsel, and see if there is a way to salvage your case. Bear in mind that your statute of limitations will soon run and you will lose all rights to collect anything when that date is reached.

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Answered on 4/03/10, 2:15 pm
Ronald Arthur Lowry Ronald Arthur Lowry

Get a lawyer ASAP. This is the kind of BS that insurers pull on people all the time. Your attorney may have to file suit now whereas if he had been involved all along the case might already be resolved.

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Answered on 4/07/10, 7:53 am


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