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Roswell, Georgia Car Accident Attorneys - Insurance and Car Accidents

Even though most car accidents that happen in Georgia will be handled by insurance claims, many Roswell car accident attorneys warn that this does not mean that a car accident victim will be able to obtain full recovery for their damages or that every driver on the road is insured or has sufficient insurance.

Insurance may not be sufficient

Georgia law required that drivers have insurance on every vehicle that they own. However, Georgia only requires drivers to carry a minimum insurance. Under Georgia law, a driver must only be covered up to $25,000 for bodily injury per person and property damage, and $50,000 per accident for injury to two or more people.

Many drivers only carry this minimum amount of coverage, which, unless the accident was minor, is seldom enough to cover all of the expenses brought on by a car accident. In cases where insurance is not enough, victims have limited options. If the victim has insurance and their policy contains an underinsured provision, the victim may pursue a claim against their own insurance company. If not, the only other recourse is to file suit against the at-fault party.

Some insurance companies may place several obstacles and delays in an effort not to settle, even when coverage is sufficient. In these situations, it is especially valuable to have an experienced Roswell car accident attorney to ensure that insurance companies live up to their legal obligations.

Large numbers of uninsured drivers in Georgia

A study by the Georgia Department of Transportation found that as many as 10% of drivers involved in car accidents in the state had driver’s licenses from other states and countries. The percentage was higher if the crash involved a fatality.

Many foreign and out of state drivers do not have insurance. In this case, the victim again has limited options. The victim may pursue a claim against his or her own insurance company if there is an uninsured provision in the victim’s policy. However, in many accidents, the victim may not have been a driver, but a pedestrian, passenger or other innocent by-stander. In this case, the victim’s may not have car insurance, or if they do, their insurance company may refuse to cover the accident since the victim was not driving and may not have even been in a car. In these cases, the victim will have to file a personal lawsuit against the at-fault driver. This may be made even more difficult if the driver resides in another state or country.

Fault and insurance

Georgia is a fault state, meaning that insurance companies only cover the victim to the extent that he or she was not at fault. Fault issues can become very complex, especially if the accident involved multiple vehicles, property damage, and severe injuries. Sometimes more than one driver is at fault, or there were multiple causes for the accident. For example, a driver may have been speeding and their car had a design flaw. An experienced Roswell car accident attorney will be able to sort out these issues and try to obtain full compensation for damages.

When you need an Roswell car accident attorney

Even though the aid of an attorney may not be required for a minor routine car accident, it is always advisable to contact a Roswell car accident attorney for serious accidents involving severe injuries and damages. In several situations, an attorney will be helpful in determining a victim’s rights and facilitating their insurance claim. Consider contacting an attorney if:

  • The insurance company is delaying settlement on a claim. Georgia has a general two-year statute of limitations on personal injury claims and it is important that insurance companies handle these claims promptly
  • The other party is uninsured/ underinsured
  • The insurance company denies a claim
  • The insurance company does not pay the full cost of damages

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