Legal Question in Personal Injury in Georgia

auto accident
I had an accident that I was not sited for but the charge was (over corrected the problem) which occured in the state of Tennessee but my car insurance is in the state I live Georgia. I went over a cliff and have been off work almost a year and still have complications. I wasn't the primary carrier on the policy but my husband is, but I am listed on the policy. I have been told conflicting answers to this question. Please help. Thank you.

Asked on 2/17/04, 12:57 am

4 Answers from Attorneys

Glenn Loewenthal Glenn Loewenthal, P.C.

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Re: auto accident

If you are saying that your husband was cited for the accident, then you can not maintain an action against your husband for several reasons, including spousal immunity and policy exclusions. If it was a third party driver that forced you off of a cliff then you would have an action against that thrid party driver, if you know who that is. If the accident was caused by a third party driver but you dont know who it is, you can maintain a John Doe action and make a claim against your uninsured motorist policy, but only if there was an eyewitness to the accident. I hope one of these scenarios covers your question. If not, please feel free to e-mail me back or call.

Answered on 2/17/04, 6:24 am

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Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

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Re: auto accident

I am sorry to hear of your unfortunate injury. However, you have not given enough facts to enable me to make any intelligent comment.

Please tell me that place and date of the incident, and describe exactly how it happened, and information about any other vehicle that may have been involved in the incident, if any. Please give some specific information about your injury, income loss and medical expense. Most importantly, tell the name of your auto insurance company and information about each category of insurance coverage -- liability, uninsured/underinsured motorist, medical payments, collision, comprehensive, etc. If you have more than one auto insurance policy covering vehicles in your household, please provide information on each policy.

With more information, perhaps I can provide a helpful response.

Answered on 2/17/04, 7:02 am

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W James Moore MOORE & HAWTHORNE, LLC

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Re: auto accident

Let me express my concern for your unfortunate accident. The facts you have provided are unclear. Was there another car involved? Were there any witnesses to the incident?

Please contact our office for a free consultation.

Answered on 2/17/04, 9:32 am

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