Legal Question in Personal Injury in Georgia
Insurance Company Offers Too Little for Claim
Hi!
Please provide me with advice regarding a personal injury claim related to an auto-accident. My claim is for $5,000.
The insurance company of the at-fault driver continues to offer a settlement of only $1,000 although Medical Specials total $2,000 {2 visits to medical doctor & chiropractor bills} and lost wages total $1500 {sufficient documentation was submitted}. I also submitted a $250.00 bill for a rental car. The insurance company paid $1,600 to repair my damaged vehicle.
I am going to pursue this in Small Claims Court naming the at-fault driver as the defendant.
Question: {If} the defendant is ordered to pay my claim, does the insurance company automatically have to pay or should the insurance company be served as a defendant in this case as well?
Thank you kindly for your prompt response.
2 Answers from Attorneys
Re: Insurance Company Offers Too Little for Claim
You don't need to name the insurance company. In fact, it would be improper to do so under the circumstances of your case, as you have explained them.
I am not sure that I would agree with your evaluation of your claim, but the approach you are using is a correct one. If you would like a free evaluation of your claim, I will be happy to review it with you on a no obligation basis.
Jim Hough
770-607-5300
Re: Insurance Company Offers Too Little for Claim
You cannot sue the insurance company. You must sue the other driver. Once he/she is served with lawsuit, he/she SHOULD send it on to the insurance company but sometimes they don't. Therefore, once you file it, you should send a copy of it by certified mail to the insurance company. If you would like to discuss further, please feel free to give me a call. I don't charge for phone conferences.
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