Georgia Car Accident Legal Questions

You are always free to sue in Magistrate Court at any time, as long as the amount in controversy is less than $15,000. You may want to discuss your situation with an attorney first, as the details are not that easy to handle. For example, to answer your last two questions requires additional information.... Read Answer

The fees that you asked about are within the range of normal fees that can be expected in a personal injury case.  Every lawyer or law firm will set their own fees. One of the common contingency fee structures is for one third (33.3%) prior to a law suit being filed, with an increase for forty percent (40%) once the law suit is filed.Some attorneys will handle the case for lower fees, such as those indicated by Mr. Colvin.  While other attorneys will handle these cases on a flat contingency of one third (33.3%) or a flat contingency fee of forty (40%) without any staggering for the filing of a law suit. One of the other important things to understand in a contingency fee case is not just the attorneys fees but also the costs of litigation.  Some firms structure their agreements so that you owe the costs of litigation, such as filing fees, expert witness fees, deposition fees, etc., even if you receive no recovery in the case, while others do not.  Also, understanding what you are going to be charged for in these fees is important.  As an example, some firms may only charge you for postage of letters that exceed the cost of a regular stamp or they may only charge for certified mailings, while others may charge you for the postage on every letter they send in your case. I hope this helps you have a better understanding of the fees in contingency fee cases.Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com... Read Answer

When you say you filed a claim, I assume you did not file a law suit.  Filing a claim with the insurance company does not stop the statute of limitations from running.  Typically, the statute of limitations is two years for injuries arising from a motor vehicle wreck; however, if the at fault driver received a citation because of the wreck, then the two years may be calculated from when the other party resolved his or her citation.  Ultimately, a review of the case would be needed to determine if the statute of limitations has run by looking in to the details of the at fault driver's citation and your case.  I would recommend contacting a lawyer immediately so that a suit can be filed if the statute of limitations has not run. Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com  ... Read Answer

First, I would suggest that you not cash any checks you received from the insurance company unless it is for the whole amount you want to settle for. In this response I am assuming that you are dealing with the other person's insurance company, not your own. If you did not agree to the settlement amount then you can always file a law suit against the person who hit you in the Magistrate Court of the county where the person who hit you lives. Since this is a small claim, it may be difficult for you to get an attorney to help you resolve the case but you may want to put the insurance company on notice that you are going to pursue a bad faith claim against them if you have to file a law suit. Normally, I would recommend that you retain an attorney to make sure that all of the steps of a bad faith claim are followed but you can send a demand to the insurance company putting them on notice that you will seek bad faith if the claim is not adjusted fairly.  In Georgia, if you want to file a bad faith property damage claim against the insurance company of someone who hit you then you will need to send a certified letter to the insurance company identifying how much you want to settle the case for.  In your letter you should tell them that you are giving them 60 days to settle the claim for the amount that you have demanded.  You should also tell the insurance company that you will seek a claim for bad faith under O.C.G.A. § 33-4-7 if they do not settle the case for the amount you are demanding within 60 days. If they still do not settle the case for a fair amount then you will need to file a law suit to collect.  In that situation it might be worth talking to a local lawyer about the costs of representation in Magistrate Court to put you in the best posture to recover bad faith damages.  If the insurance company is found to have acted in bad faith in your case then you may be entitled to recover an additional Five Thousand Dollars ($5,000.00) plus reasonable attorneys fees. Also, they should pay you for the diminished value of your vehicle due to the wreck and the costs of a rental car for the time it will take to have your vehicle fixed in addition to the repair costs. I hope this helps you convince the insurance company to adjust your claim fairly and without the trouble of litigation.  You can find the full text for O.C.G.A. § 33-4-7 though LexisNexis's free online version at: http://www.lexisnexis.com/hottopics/gacode/default.asp Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com  ... Read Answer

Based upon your question, there are a few different issues to address here. First, your primary question is whether you should hire an attorney to assist you in pursuing a claim in small claims court. Magistrate Court, or as some people call it, small claims court, is typically less formal that other courts; however, the same rules of evidence apply in Magistrate Court and you would need to be prepared to present your case in a manner that conforms with Georgia's rules of evidence.  The burden would also be on you to prove fault for the accident as well as the amount of damages. You may have other property damage claims that an attorney would know to raise that you might not otherwise raise.  Beyond the repair cost of your vehicle, it might be prudent to seek the costs of having a rental car while your vehicle is being repaired as well as any diminished value to your vehicle due to the wreck.  The diminished value, in the simplest terms, is how much less your vehicle is worth now that it has been in a wreck than what it would be worth if it had not been in a wreck. Also, the person you are suing will, in all likelihood, have an attorney.  Her insurance company should provide an attorney to represent her, if she reports the lawsuit to them. In short, it will be more of an uphill battle than you might expect to present this case in Magistrate Court without an attorney, since the other side will have an attorney and you may not know how to present some of your evidence procedurally.  Ultimately, the amount of damages you have may make it cost prohibitive to retain an attorney but it is probably worth looking in to. Next, you mention getting your insurance company to fix the car.  If you have full coverage insurance, this may be the more practical way to go.  If your insurance company pays for the repairs to your vehicle then they can worry about collecting the costs of the repairs from the other insurance company. Finally and fortunately, it sounds as though there were no injuries arising from this wreck.  Based upon that, I am not addressing any issues relating to a bodily injury claim.  If you'd like some information on how to send a bad faith property demand letter to the insurance company for the person who hit your son, take a look at this post where I addressed how to raise a property damage bad faith claim: http://www.lawyers.com/ask-a-lawyer/518409.html I wish you the best in resolving this issue and I hope that you are able to get this insurance company to resolve the claim fairly. Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com... Read Answer

The standard rate is that an attorney will ask for 33 1/3% from any settlement, plus any actual costs. Some attorney's will ask for a small amount up front to cover costs, but most will start your case for zero down. Shop around and find an attorney that will take the time to talk to you about your concerns. ... Read Answer

John Bisnar An employer who's employee causes a traffic collision while on the job is going to be held legally responsible for the damages the employee caused, in most situations.  There would not be any type of criminal charges against the employer unless there were other circumstances not mentioned in your inquiry. Hopefully you have auto insurance that will cover the damages.  If you don't or don't have enough insurance, you could be held personally liable for the damages, which will probably be very extensive. Contact your auto insurance company to discuss.  If you are not insured, consult  the best defense car accident attorney in your area.  John Bisnar Bisnar|Chase, Auto Accident Attorneys Trusted Professionals.  Proven Results. www.California-Lawyer-Attorney.com 800-956-0123... Read Answer

John Bisnar Get a consultation with the best car accident lawyer in your area.  Most every personal injury lawyer will provide you a free consultation to discuss the facts, analyze your situation and advise you appropriately. John Bisnar Bisnar|Chase, Auto Accident Attorneys Trusted Professionals.  Proven Results. www.California-Lawyer-Attorney.com 800-956-0123... Read Answer

Yes.  The duty to pay the medical provider is the responsibility of the person who received the treatment.  In the case of a minor, that would become a responsibility of the minor's guardian.  The person who injured the minor can also be held responsible.   www.gawrongfuldeathlawyer.com... Read Answer

This would be covered under your collision coverage. One question you should ask yourself is whether it is worth having your insurance rates go up. Your rates may go up more than the cost of repairing your car. If you don't report it to your insurance company they won't show it as an accident that is your fault. Plus, if your insurance agent tells you that you must get a police report in order to collect on your insurance, you then run the risk that the police report is shared with the state and you then have an at faut accident on your state record. Obviously, this decision depends upon how much it is going to cost to fix your vehicle. Good Luck   Andy Gillin, Senior Partner GJEL Accident Attorneys... Read Answer

1.  You are entitled to a rental vehicle while your car is being repaired.  The insurance carrier of the at fault driver should provide that to you.  You need to contact his carrier and request it.  I would be happy to help you if you need it.   Jonathan Johnson   www.gawrongfuldeathlawyer.com... Read Answer