Are you dealing with insurance companies after a car crash or collision? For many people, dealing with insurance can be almost as emotional or upsetting as the accident itself. If you’ve had a recent car accident and have questions to discuss, talking with a professional Marietta personal injury lawyer may help you…
Articles Posted in insurance
Common Insurance Company Defenses in Car Crash Cases
Plaintiff’s winning percentage in court has declined over the last several years, mostly because insurance company revenue has skyrocketed over this same period to more than $1 trillion per year. As a result, these companies can now hire more effective lawyers and allow them to go to trial if necessary. Usually, the…
Whose Insurance Applies in Rideshare Accidents?
If you are injured in an accident while traveling in an Uber, Lyft, or other rideshare service, you may question whose insurance policy applies. Should you attempt to seek coverage from the rideshare company’s insurance or from the driver’s personal car insurance? The answer will depend on the type of…
Insurance Company Settlement Offer Rejected Due to Restricted Check
There is a common scenario that plays out following an auto accident. First, the injured driver sends a demand letter to the negligent driver’s insurance company, offering to settle for the limits of the latter’s policy. Next, the insurance company either accepts the offer unconditionally–usually by sending a check–or makes…
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: Insurance Company Not Responsible for Homeowner’s Fatal Shooting of Child
Most personal injury lawsuits involve accidents, i.e. unintentional but negligent conduct, but sometimes a personal injury arises from criminal activity. When this is the case, the criminal party can be held liable in a personal injury lawsuit–but their insurance company probably will not cover any award of damages. That is…
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…
Ga. Court of Appeals Allows for “Direct Action” Against Insurance Company Over 2014 Semi-Truck Accident
As a general rule, you cannot directly sue an insurance company for a personal injury caused by someone they insure. In other words, if you are in a car accident caused by a negligent driver, you cannot name that driver’s insurance company as a defendant. Such “direct action” is not…
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…
When can You Directly Sue a Defendant’s Insurance Company for Accident Damages?
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…