Car accidents can leave you with property damages and severe injuries that cause you to miss time from work. You may be struggling to pay bills for living expenses and medical care. After a crash caused by a careless driver, it is important to know that you have legal options.
A skilled attorney could help file a claim with the other driver’s insurance company to recover compensation. Hiring a skilled car accident lawyer to handle the claim for you may be key in protecting your interests and ensuring you get a fair payout. Call an attorney with experience in car accident insurance claims in Alpharetta to schedule a consultation.
At-Fault Car Accident Insurance System
Georgia follows an at-fault car accident system, which holds the liable driver responsible for any injuries and property damages resulting from the accident. The motorist who sustained losses may file a claim with their own insurance agency or that of the negligent driver to seek compensation from them.
The injured party could also file a lawsuit in civil court. An Alpharetta attorney experienced with vehicle collision insurance claims could handle communication with the insurance company as well as the legal work for a civil suit, if needed.
Determining Negligence after an Alpharetta Car Crash
To collect compensation for damages, the plaintiff will need to establish that the other driver's negligence caused the crash. There are four elements in proving liability.
The Motorist Owed a Duty of Care
Every motorist on the road owes other drivers a duty of care. They must drive safely, act reasonably, and do their best to avoid causing damages to other drivers.
The Driver Neglected to Provide the Duty of Care
When a negligent driver fails to drive safely or operate the vehicle in a way that a reasonable motorist would, they are neglecting to provide a duty of care.
The Driver's Actions Where the Direct Cause of the Vehicle Collision
The plaintiff must establish that the negligent driver's actions were the direct cause of the collision and damages they suffered.
The Plaintiff Sustained Verifiable Damages
Damages are the final crucial element to providing negligence. The plaintiff and their local car accident claims attorney can establish damages by providing medical bills, invoices showing vehicle damages, or any documents that can prove their losses.
Modified Comparative Negligence Rule in Car Accident Claims
Under the comparative fault statute, the injured party can recover damages if the court finds they were 49 percent or less liable for the crash. Per Georgia Code Section §51-12-33, a person can recover damages after a car crash even if they were partly responsible.
When the insurance agent negotiates a settlement for damages, they use the comparative fault rule. An attorney skilled at handling Alpharetta car crash insurance claims could take the lead in communication and negotiations on the plaintiff's behalf.
Contact an Alpharetta Attorney for Car Accident Insurance Claims
If you suffered injuries and losses because of another driver's negligence, you have the right to hold them accountable. You can deal with your insurance provider and let them work to obtain compensation on your behalf. You can also file a claim directly with the negligent driver’s insurance company to collect compensation for your losses.
However, if you attempt to deal with the insurance adjusters on your own, they will likely try to settle at an amount too low to cover your damages. A skilled legal professional who handles car accident insurance claims in Alpharetta could work tirelessly to represent your best interests. Contact our legal team today to get started.