Legal Question in Personal Injury in Georgia

Re: will it be covered

Consult with a local attorney ASAP. Although you have two years to reach a settlement, there are many things that need to be done as early as possible, e.g, gathering medical records, taking witness statements, etc.

Re: will it be covered

Representing yourself in an accident case is almost always a disaster, and it is very likely the insurance company will take advantage of you. Hopefully you have not already spoken with them as to any details. What you should do is immediately see a lawyer. Until we know details I can't tell you what, if anything, you may be entitled to. Bear in mind there is a statute of limitations on accidents, and if you wait even one day too long, you will lose all rights to ever collect, so time is critical. Call my office if you wish to discuss your case.

Re: will it be covered

I agree, you should look for an attorney to represent you in the matter. (Sooner rather than later). In doing so, you should call around and look at several attorneys in your area and find the one that you feel comfortable in representing you. One stop shopping is not a good idea when selecting counsel. Look at findlaw.com in the section for hiring an attorney for helpful guidelines in selecting counsel.

(I am not taking new accident cases at this time in Georgia)

Re: It may be covered

To answer your question, yes it is good news for you. It would give an early indication that the insurance company of the adverse driver is likely accepting liability. The answer to your second question (how do you get them to pay), is a more difficult answer. You could try to negotiate the claim on your own, however the insurance company is likely to discount your lupus flare up as unrelated to the incident. Insurance companies will usually advise you to not hire an attorney (for obvious reasons)

As for the value of your claim, it really depends on a lot of factors. Who is the other insurance company (State Farm and Safeway drastically undervalue claims), what is the jurisdiction (Fulton and Dekalb counties are considered more liberal), what were your medical expenses, what are the repair costs on the vehicles, etc.

If you want a free consultation, you can contact my office. I am a solo practitioner, so you will talk with an attorney.

Re: will it be covered

Covering a car usually is not met with as much resistance as covering medical expenses. This is especially true for those related to a pre-existing condition. I am a nurse attorney, and understand the fragile nature of your condition and the implications that the accident has for your health; however, if you attempt to deal with the insurance company on your own, their representatives are likely to put a spin on anything that you tell them that will help them do their job of limiting their company's financial loss. Please contact me in the event that you want information on what retaining counsel entails.

Re: will it be covered

I am sorry that you were hurt due to no fault of your own. It sounds like a pretty serious collision. You have two (2) issues that make your case complex. First, because you want to be able to recover the maximum amount of money for your loss, you will need to address the potentially complex insurance coverage issues. Here, there are multiple insurance policies that could pay for the loss and you will need to determine which policies are primary, secondary, etc. Second, Lupus presents a complex set of symptoms. The insurance companies will argue that most, if not all, of the swollen and achy joints, fatigue, etc. that are you experiencing is a pre-existing condition, and they will not want to compensate you for those losses.

For the reasons discussed, coupled with the insurance business model of not paying fully on claims, I would encourage you to contact me or another attorney immediately. I used to work for the insurance companies, and understand these various issues. I would be willing to assist you. I will be in the office today and on Wednesday. I will be out the rest of the week in Court.

Best regards,

Roger Krause

Re: will it be covered

Likely, depending on the other person's insurance coverage. If they were driving a rental car or an out of state car, you should be fine on the coverage.

I have read the other responses, and for the most part they offer good advice.

You have to find someone to represent you with whom you will be comfortable and who can do the best legal job for you. www.robertswindholz.com