A Marietta man was charged with two counts of felony murder, two counts of serious injury by vehicle, felony fleeing, felony hit-and-run, reckless driving and speeding after leaving the scene of an accident in Midtown where an 18-year-old and a baby died. Hit-and-Run In Georgia, a driver’s obligation to stop…
Articles Posted in Auto Accidents
Federal Judges Ask Georgia Supreme Court to Resolve Questions Regarding “Bad Faith” Insurance Laws
When an auto insurer unreasonably refuses to settle a personal injury claim against one of its policyholders, the policyholder can turn around and sue the insurance company for acting in “bad faith.” If successful, a bad-faith lawsuit can mean the insurer is liable for the full amount of any judgment…
Insurance Company Faces “Bad Faith” Lawsuit Over Failure to Settle Drunk Driving Accident Claim
Georgia law requires insurance companies to act in good faith when resolving auto accident claims. For example, if you are injured in an accident caused by another driver’s clear negligence, the other driver’s insurance company is expected to make a good-faith effort to negotiate a settlement, especially when your damages…
Ga. Court of Appeals: 13-Month Delay in Reporting Accident to Insurance Company Was “Unreasonable”
If you are injured in an auto accident, you naturally assume that your insurance policy will help cover your damages. As with any contract, you need to carefully review and understand the terms of your policy. You may need to comply with a number of conditions before the insurer is…
Georgia Auto Repair Shop Not Responsible for Accident Caused by Employee During His Lunch Break
It is a longstanding rule in Georgia that employers are “vicariously liable” for torts committed by their employees. In other words, if you are hit by a delivery van that runs a red light, you can sue the company that employs that driver for damages. But there is an important…
11th Circuit: Multiple Collisions Caused by Negligent Dump Truck Driver is a “Single Accident” Under Georgia Law
This may sound like a test question from an introduction to philosophy class: If a truck hits two vehicles in succession, one right after the other, is that one accident or two accidents? When it comes to dealing with insurance companies, however, this is not just a hypothetical issue. How…
Ga. Appeals Court Declines to Recognize “Family Purpose Doctrine” as an Affirmative Defense in Personal Injury Cases
Is a parent automatically liable for a car accident caused by their minor child? Not under Georgia law. That said, there is an exception known as the “family purpose doctrine.” The doctrine dates back to a 1915 case, where the Georgia Supreme Court said: If a father or mother, owning…
11th Circuit Reverses Premature “Declaratory Judgment” for Auto Insurance Company
Insurance companies will often file what are known as “declaratory judgment” lawsuits following an auto accident. Basically, the insurer wants a judge to declare that it is not responsible for defending or indemnifying its policyholders against any personal injury lawsuits that arise from the accident. These actions normally turn on…
Ga. Court of Appeals Rules Family Accepted Binding Settlement Offer Arising From Fatal 2014 Accident
It is not uncommon following an auto accident for the negligent driver’s insurance company to make a settlement offer. If the victim accepts the offer, that forms a legally binding settlement agreement. In other words, if the victim later tries to back out of the deal, the insurer has the…
Ga. Court of Appeals Rules for Insurance Company in UM Coverage Dispute Arising from 2015 Auto Accident
Georgia law requires auto insurance companies to offer “uninsured motorist” (UM) coverage with every new policy. As you probably know, UM coverage provides you with benefits if you are injured by an unknown driver in a “hit and run” accident, or by a known driver who simply lacks sufficient insurance…