Legal Question in Personal Injury in Georgia

Re: Who Is Liable?

There are a few possible answers to your question. First, whenever you are involved in an accident involving another car and you have uninsured motorist coverage, even if the other driver had no insurance, you may be able to recover for your injuries from your OWN insurance company under the uninsured motorist policy. Second, if the driver that hit you was insured, you can go after his insurance company even if he fled and even if you can't find him, you would just get a default judgment and then go before a judge or jury on the actual amount of damages that you would be entitled to. Third, if the driver who hit you was not insured but there was insurance on the auto, you could pursue a claim against the owner of the vehicle and the insurance company as well - now they may not really be liable under the law, but you still may be able to get some good information by naming them in the suit and would possibly even get some settlement proceeds from them along the way. Sounds like you have a good case. I am sorry that you had to be involved in such a tragedy and wish you a speedy and successful recovery. If you have any questions, please feel free to call me. 404.728.8027

Re: Who Is Liable?

I agree that the primary focus must be on the uninsured motorist coverage under your auto insurance policy. The insurance company listed as owner of the other driver's policy sounds bizarre, but mere ownership of a vehicle does not create liability or coverage. Either the vehicle has coverage or it doesn't. If it doesn't, or if it is only minimal liability coverage, the focus must be on your UM coverage. For more info, you may visit my web site at http://atlantainjurylawyer.com.

Ken Shigley

Re: Who Is Liable?

Your facts are kind of confusing. First of all, you should get an attorney to investigate the other driver and the owner of the car to determine all liable parties and whether there are any assets, including insurance, to pay for your injuries. Also, your own uninsured motorist coverage will pay for your injuries, if you have such coverage. Again, an attorney can determine what coverage you have, and whether there is any other sources to pay for your injuries. I would be glad to help you. We are trial attorneys and have dealt with similar situations in the past. Feel free to contact us if you wish, but in any instance, please call an attorney as soon as possible.

Re: Who Is Liable?

If the driver of the at fault vehicle was uninsured, the first question is whether or not you have uninsured motorist coverage. You will have to demonstrate the driver was in fact uninsured, but once established, the claim proceeds pretty much as a regular claim. It is frequently the case that our office handles such claims.

If the insurance company has been scammed, it is unlikely they will be answerable to you for the negligence of the at fault driver, unless on some theory of negligence in failing to recover the vehicle from the driver.

This office can assist you, on a no obligation basis, to determine if your claim can be made either as an Uninsured Motorist or liability claim. Please call 770-607-5300 to arrange to speak to an attorney.