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…
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…
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…
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…
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…
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…
In many successful personal injury cases, the defendant’s insurance company ends up paying most of the judgment. You might therefore think it would “save a step” just to sue the insurance company directly. In most cases, such “direct action” is not permitted under Georgia law. The legal theory behind this…
In most cases, damages arising from a car accident are covered by the negligent driver’s auto insurance policy. But what if the accident occurred while the car was still in the owner’s driveway? Would homeowner’s insurance actually cover such damages? Wilkinson v. Georgia Farm Bureau Mutual Insurance Company The Georgia…
When you file a personal injury lawsuit against a negligent driving following an auto accident, in most cases this means you are really seeking compensation from the driver’s insurance company. Unfortunately, insurance companies are quite adept at asserting their own legal rights. This includes taking legal action to void a…
When a car accident occurs, there may be more than one party who is liable for the victim’s injuries. For example, if the negligent driver was acting on behalf of an employer, the latter can be sued under a number of legal theories. Depending on the specific facts of the…