Legal Question in Personal Injury in Georgia

Who and How Long?

I have been involved in an auto accident that totalled my car and I received personal injuries. I was not at fault. The truck that hit me was also hit by another car after he hit me and shoved me underneath the bed of another truck. The police officer that took the statements wrote the report up incorrectly saying that the car pushed the truck into me. Of the 4 drivers involved, 3 of them have the same story which is the truck hit me then the car hit him. Now the insurance companies of the truck and car behind me are giving me the run around about their liability. Who do I go after? and how long will the law allow them to make a decision on who is going to pay for the damage to my car and my injuries?


Asked on 11/24/02, 12:56 pm

4 Answers from Attorneys

Keith Reisman Reisman Law

Re: Who and How Long?

From the time of the accident, you have two years to bring a lawsuit to recover damages for personal injuries and four years to bring a lawsuit to recover damages to your property. If it gets to the point that a lawsuit needs to be filed, your attorney will probably sue both entities; forcing them to point their fingers at each other.

This answer, though responsive to the question is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 11/25/02, 9:00 am
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Who and How Long?

Unfortunately,the responsibility falls on the injured party.The insurers will stall .If the statute of limitations runs without you being compensated you are the one out of luck--not the defendants or their insurers.First you have to get your car fixed.I suggest you make a collision claim with your own insuance company.Call up and tell about the run-around you are getting.Your insurer is supposed to pay to repair your car if the others don't so your insurer involved.Second, the fact is if your are hurt the insurers for the defendants will not take you seriously until you get a lawyer(that maybe isn't fair but I didn't get to make the rules). There are plenty of lawyers who take this kind of case on a percentage.But, be sure you get a lawyer who handles this type case.Call me at (770)427-8468 if you need more advice. Ron Lowry

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Answered on 11/25/02, 10:31 am
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Who and How Long?

Insurers it seems will give claimants the "run around" if when they are not represented by a lawyer. You should employ an attorney to communicate with the insurer of the at fault party. The statements of the witnesses need to be obtained to preserve this part of the case in the event of litigation. There are specific laws requiring the insurer for the person causing the injury and damage to respond to your claims if they are made correctly. If the insurer does not, it is possible then to include claims for penalties and attorney's fees in the case of your property claim, and interest in the case of your personal injuries. The law gives you two years from the date of the collision to make your claim for personal injuries, and up to four years for the property damage. You need to proceed immediately however, because witnesses move and you can't wait two to four years to get your life back in order. Call me at 770-607-5300 if you would like a no obligation evaluation of your case. Most cases of this nature are handled on a contingency basis.

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Answered on 11/25/02, 11:38 am
Robert Windholz Robert S. Windholz, Attorney At Law

Re: Who and How Long?

It appears from your post that your case is against the trucking company, its driver, and the insurance carrier if the company is a common carrier. The statute of limitations is two years from the date of your accident for your injuries and four years for the property damage.

Based on your facts it appears that you will need an attorney to help you with the doubting insurance company to set them staight about their responsibility. Feel free to call me about a fee quote and to discuss your case.

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Answered on 11/24/02, 8:05 pm


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