QUESTION

Do I have to go through her insurance or can I just take her straight to court to recover the damages?

Asked on Feb 22nd, 2013 on Automobile Accidents - Georgia
More details to this question:
I was recently rear-ended by another driver. On the scene, she admitted to the officer that the accident occurred just as I had said and that she was at fault. She was cited for following to close. I didn't feel any pain from the wreck until about 2 days later (several headaches & neck pain). I contacted her insurance company (United Auto )but they are giving me the run around. The adjuster has only contacted me once and could/would not tell me how my med bills from my physician would be handled. She didn't give me any information about their process for claims. My insurance company has already given me an partial estimate for my car damages, they can't determine if frame damaged yet, need to take off panel. I have read some reviews on her insurance company and they are very difficult. They are trying to drag this case out and I figure if this is a case where it takes a year or 2 to settle, then why not just take her straight to court since damages are probably under the amount for small claims court. I'm not money hunger, not trying to get a ridiculous amount. I been in some pain and it has limited me in the things I usually do, even completing my job at work as my right side of my neck/shoulder is still sore from the whiplash. I've taken off some time for it. I've seen my physician twice and will follow up with her again if the pain doesn't go away so she can determine if I need a therapy treatment. I just want this incident to be over as quick as possible and don't want to incur any expenses due to someone else's negligence. Is her company required to provide me with a copy of her policy coverage if I request it in writing? Do I have to take the amount the give for estimates (if they ever send someone to look at my car, still no appt from them yet)?
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1 ANSWER

Workers Compensation Law Attorney serving Atlanta, GA at Rechtman & Spevak
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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.
Answered on Feb 26th, 2013 at 3:05 PM

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