Legal Question in Personal Injury in Georgia

Car accident in mall parking lot

Another vehicle reversed into the rear bumper of my vehicle as I was sitting stationary in line to exit a parking deck. Clearly, this is not my fault. The mall wrote up a report with statements from witnesses and I'm sure a camera caught the incident. The mall security officer said to come back in a couple of days to pick up a copy of the report. Relying on this information, we decided not to have police arrive on the scene. Now the mall is telling me that they can't release incident reports unless they are subpoenaed, and the other driver's insurance company isn't cooperating. The accident happened over a month ago. The damage is about $1,200 and my collision deductible is $500. I do have the contact information of one witness. What is the best course of action to take? What can be done to get a copy of the mall's report?


Asked on 7/08/08, 9:51 am

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

Re: Car accident in mall parking lot

Since you messed up badly and did not call the police (ALWAYS call the police for every accident), you will need to sue the order driver and get a subpoena after you do. Since the amount is small, you can do this in small claims court (Magistrates Court) where you don't have to have a lawyer.

You should also make a complaint against the other insurance company with the state insurance commissioner.

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Answered on 7/08/08, 10:04 am
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Car accident in mall parking lot

Turn the matter over to your insurer. You will be out your deductible for a while. Your insurer then will make a claim against the other carrier through the Intercompany Arbitration Panel. When the claim is decided favorably to your side (and I think it will be if this happened the way you say) your insurer will refund your deductible to you. But be sure to request that your insurer go through that procedure. It may think the claim is too small to bother with otherwise.

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Answered on 7/08/08, 11:26 pm


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