Legal Question in Personal Injury in Georgia

Re: Insurance

It may be possible to "stack" the policies. It is unlikely you will be able to stack both $75k policies. In Georgia, insurance law provides a credit to the secondary policy (allows your insurance to reduce the coverage by the amount of the other driver's policy or your other policy, i.e. -$25k)

It really just depends on the policy language for the other two policies. If you would like me to review those policies and provide you with an opinion, please email or call my office. I am in court today until noon, but will call you back.

Sincerely,

David H. Glass

404.529.9081

Re: Insurance

It is possible for you to recover damages under several insurance policies. The concept is called stacking. The ability to stack policies and the amounts that are available will depend on the language of the policies. If you would like to give my office a call we can set up a meeting and go over your options and possibilities.

David Lipton

Re: Insurance

I am sorry to hear about your unfortunate accident and injuries. Certainly, you may be able to stack the available under-insured motorist coverage, but you should also be sure to make sure that the at fault driver does not have additional insurance which might cover your loss, including an umbrella policy, or possible liability stacking. Also, have you accepted the $25K from the liability insurance company. You must be sure to sign only a "limited release" to preserve your right to make a UM claim. A general release could bar any UM recovery. Due to the complexity of this area of insurance law, I suggest strongly that you contact a competent personal injury lawyer a.s.a.p. Please contact me if you wish to discuss further. Also, I invite you to visit our website for further information on our firm.

Re: Insurance

I will be in the Lumpkin/Hall County area this evening and would happy to visit your home to discuss. There is no charge and certainly no obligation to you. Call my cell phone at 678.576.7385 to set up a time for me to come by. You may be able to use your UM policies but it depends on the policy language in each, whether they are with different companies, etc. I look forward to your call.

Re: Insurance

Under Georgia law, you are entitled to "stack" all UM coverage you have under all of your auto and motorcycle policies. Under the facts you have provided, you would have $25,000 in liability coverage available from the at fault driver, and possibly $150,000 in UIM coverage from your policies ($25,000+ $75,000+$75,000, or $175,000 in UIM, with a $25,000 deduction for the liability coverage). You may also have additional coverage depending on the language in the policies and whether separate policies were issued for each vehicle (some insurers, such as State Farm, issue separate policies on each vehicle, which would possibly double your UIM coverage).

We would be happy to speak with you at no cost to answer further questions. We have handled numerous motorcycle cases. You may review a recent motorcycle case we settled for $15,000,000 at our website, www.johnsonward.com, which also gives additional background about our firm.

Clark H. McGehee

Johnson & Ward

100 Peachtree Street, N.W

Suite 2100, Equitable Bldg.

Atlanta, Ga. 30303

Re: Insurance

I agree with the analysis provided by Mr. McGehee concerning amounts of coverage. However, I am wondering more about the facts of the wreck and is it possible there may be another potential defendant. For example, did the brakes fail on the woman's car? Or was there some defect in her car that contributed to her hitting you? There might be a product liability aspect to this as well.This matter needs to be investigated thoroughly ASAP and it needs to be done by someone really experienced in cases of this type.