Legal Question in Personal Injury in Georgia

While no one here knows what you signed (though we can make a good assumption), you state that the insurance company paid you the value of your vehicle. So, no you would not have a good case to sue someone else for the very same damages you have already been paid for. Otherwise, read the documents you signed when you settled with the insurer (which you neglected to tell us about) and you will likely see that you released all claims by taking the money.

The State of Georgia (as with all jurisdictions) does not allow you to recover the same damages twice. It is called double recovery. If you filed suit, it would be dismissed and you could get ordered to pay the other driver's attorney's fees.

If you were injured in the accident, you can recover damages for your medical expenses and pain and suffering. It is likely you only settled your property damage claim and your bodily injury claim is still open. It depends on what you have signed thus far.

Stop speaking with the insurance company immediately. If you want to discuss the bodily injury claim (if you were injured), feel free to call or email my office at 404.529.9081

Sincerely,

David H. Glass, Esq.

If you were involved in a Georgia auto accident, you generally have two types of claims: (1) property damage and (2) personal injury claims.

If the other personal is at fault, and you have a small case, you can file a lawsuit against the at fault driver. In Georgia, the Magistrate Court Civil Division handles civil, non-criminal disputes where the amount claimed or in dispute does not exceed $15,000.

In Magistrate Court, a judge decides your case after a trial. You do not have the right to a jury trial.

The types of damages you are describing are the type that a judge may award you. However, it is unclear from your question whether you have signed a release in return for receiving insurance money.

A release is a type of contract in which you agree that you will not file a lawsuit against the at fault driver named in the release. If you received money from the at fault driver�s insurance company and signed a release, you may be unable to win in court. Sometimes your own insurance company will pay for your property damage and will not require you to sign a release.

If you still have questions, you should consider calling an Atlanta auto accident attorney for additional help.

You won't like the answer.

As others have mentioned, you likely cannot sue. In fact, the release you signed probably says that. So if you do sue, expect a large claim against you for frivolous litigation.

If you had asked, the insurer would have paid for a rental car while they delayed. Odds are you have now signed a release to preclude that claim.