I often get phone calls from panicked at-fault drivers who have been served with a lawsuit after their insurance company did not settle the case with
What happens if YOU are being sued for a car accident?
I often get phone calls from panicked at-fault drivers following a car accident who have been served with a lawsuit after their insurance company did not settle the case with the person they hit.
The statute of limitations for filing a car accident lawsuit in Georgia is two years from the date of the accident or from the date of the crash-related death.
It is important to be aware of certain issues if someone contacts you claiming a car accident you caused injured them.
the person they hit. It is important to be aware of these things if you have been contacted by a person claiming they were injured in a car accident you caused or if you have been sued, you should follow these guidelines:
Steps to Take if You are Being Sued for Car Accident
If you are being accused of causing a car accident or you have received a car accident lawsuit summons, you should follow these guidelines:
Contact Your Car Insurance Company Immediately
You want to contact your insurance provider as soon as you get a notice of a car accident claim from another person or party, even if there was hardly any damage at all. Failing to do so can give your car insurance company an excuse not to defend and indemnify you.
Be Aware You are Entitled to Free Defense
All drivers in Georgia have built into their car insurance policy a free lawyer in the event they are sued. However, you may want to seek legal advice from an experienced personal injury attorney.
Your Insurance Company Will Compensate You for Loss or Damage
Georgia law requires all drivers to have minimum car insurance with the following coverage amounts:
- $25,000 property damage liability insurance per accident
- $25,000 bodily injury insurance per person $50,000 per car accident
Your car insurance carrier will indemnify you up to the policy limits amount. Indemnify means to compensate for loss or damage; to provide security for financial reimbursement to an individual in case of a specified loss incurred by the person.
In the situation where you have minimum limits of $25,000, the insurance company will provide a lawyer to you at no cost under the “duty to defend,” and you will get covered up to the limits. If you have a $50,000 policy and the jury awards $65,000.00, then $15,000 of the judgment will be entered against you after your insurance company pays out.
Again, if you are facing car accident claims, you may choose to hire an experienced car accident lawyer to defend you.
Find Out What You Are Being Sued For
If there is a car accident claim against you or you are being sued for causing a car accident, make sure you find out from your insurance company the following:
- What is the injury being claimed?
- What are the total medical bills and lost wages
- What does the insurance company think the case is worth?
- Has your insurance company made any offers?
Once you have this information, consult with your car accident lawyer.
Write Your Insurance Company a Letter
If your insurance policy has low limits, then write your insurance company a letter telling them that you expect them to pay the policy limits out if they have a chance to get you a release or a limited liability release.
If your insurance company refuses to pay the policy limits out to protect you after the injured person's lawyer demands the limits, and there is a verdict for an amount over your limits (called an excess verdict), you may be able to sue your insurance company for failing to protect you.
You Can't Rely on Homeowners Insurance
Keep in mind that in Georgia, your homeowner's insurance does not play a role in the debts you owe because of a car accident.
To learn more about how to defend yourself after a car accident, reach out to one of our experienced personal injury lawyers today.
To learn more about how to defend yourself after a car crash, reach out to our team members today.